LESSON 1: The meaning of History

❖ History: Defined
1. From the Greek word “historia” means learning by inquiry
2. According to Aristotle, it is a systematic accounting of a set of natural
phenomena, that is taking into consideration the chronological
arrangement of account
3. Knowledge is derived through conducting a process of scientific
investigation of past events
4. Study of past events
❖ Two theories of Investigation History
1. Factual History: presents readers the plain and basic information
▪ What: the events that took place
▪ When: the time and date with which the events happened
▪ Where: the place with which the events took place
▪ Who: people that were involved
2. Speculative History: goes beyond facts because it concerned about the
reason for which events happened(WHY), and the way they
happened(HOW)
▪ It tries to speculate on the cause and effect of an event
❖ Historians
1. Individuals who write about history
2. They seek to understand the present by examining what went before
3. They undertake arduous historical research to come up with a
meaningful and organized rebuilding of the past
❖ Whose past are we talking about?
1. This is the basic question that historian needs to answer because this
sets the purpose and framework of a historical account
2. Salient Feature of historical writing facility to give meaning and impact
value to a group of people about their past
❖ Historiography
o Practice of historical writing
o The traditional method in doing historical research that focus on
gathering of documents from different libraries and archives to form a
pool of evidences needed in making a descriptive or analytical narrative
❖ Modern historical writing
o Does not only include examination of documents but also the use of
research methods from related areas of study such as archeology and
geography
❖ The limitation of historical knowledge
o Incompleteness of records
▪ Most human affairs happen without leaving evidence or records,
no artifacts
o The whole history of the past (History-as-actuality) can be known to a
historian only through the surviving records (History-as-record)
o Historians study the records or evidences that survived the time
o They tell history from what they understood as a credible part of the
record
o However, their claims may remain variable as there can be historical
records that can be discovered which may affirm or refute those they
have already presented
❖ Historical as the subjective process of recreation
o From the incomplete evidence, historians strive to restore the total past
of mankind
o They do it from the point of view that human beings live in different
times and that their experiences maybe somehow comparable, or that
their experiences may be significantly different contingent on the place
and time
o For those historians, history becomes only that part of the human past
which can be meaningfully RECONSTRUCTED from the available records
and inferences regarding their setting
For example: tabon cave

❖ Historian’s aim:
VERISIMILITUDE
(The truth, authenticity, plausibility about the past)
- The study of history, unlike natural sciences, is subjective process as
documents and relics are scattered and do not comprise the total object that
the historian is studying
❖ Historical method and Historiography
o Historical method
▪ The process of critically examining and analyzing the records and
survivals of the past
o Historiography
▪ The imaginative reconstruction of the past from the data derived
by the process
o Historical analysis
▪ An important element of historical method
❖ Historical analysis (one of the elements of historical method)
o Historians
▪ Select the subject to investigate
▪ Collect probable sources of information on the subject
▪ Examine the sources genuineness, in part or in whole
▪ Extract credible “particulars” from the source (or parts of sources
o The synthesis of the particulars thus derived is historiography
LESSON 2: Sources of Historical Data

❖ Historical data
o Are sourced from artifacts that have been left by the past
o Artifacts
▪ Relics or remains
▪ Testimonies of Witnesses to the past
❖ Historical source
o Materials from which the historians construct meaning
o A source is an object from the past or a testimony concerning the past
on which historians depend to create their own depiction of the past
o A historical work or interpretation is thus the result such depiction
o The source provides evidence about the existence of an event, a
historical interpretation is an argument about the event
❖ Interpretative vs Description
o Interpretative
▪ Explain why and how things happened and were interrelated
o Descriptive
▪ Telling what happened, when and where, and who took part
❖ Written sources of history
o Three categories
1.Narrative or literature
o Chronicles or tracts presented in narrative form, written to impart a
message whose motives for their composition vary widely
o For example, newspaper article: to shape opinion; novel or film;
biography; panegyric: a public speech or published text in praise of
someone; hagiography: writing of the lives of saints
2.Diplomatic sources
o Understood to be those which document/record an existing legal
situation or create a new one
o It is treated as the purest, the best source by professional historians
 o Possess specific formal properties such as hand and print style, the ink,
the seal, for external properties and rhetorical devices and image for
internal properties
o Example; charter, judicial proceedings, mortgage agreement, etc
3.Social documents
o Information pertaining to economic, social, political, or judicial
significance
o They are records kept by bureaucracies
o Example; government reports (municipal accounts, research findings
and document like these parliamentary procedures, civil registry records
property registers, and records of census)
❖ Non-written sources of History
1. Material evidences
a. Aka Archaeological evidence
b. They can tell about the ways of life of people in the past and their
culture
c. Historians can also get from drawings, etching, paintings, films, and
photographs (visual representations of the past
d. Example: artistic creations such as poetry, jewelry, dwellings, graves,
churches, roads, and others that tell a story about the past
2. Oral evidences
a. Example: tales or sagas of ancient peoples, folk songs or popular rituals
from the premodern period of Philippine history]
b. Interviews: another major from or oral evidence in the present age
❖ Two general kinds of Historical Sources
1. Primary Sources (direct)
a. Original, first-hand account of an event or period that are usually
written or made during or close to the event or period
b. The sources are original and factual, not interpretative
c. Key function: to provide facts
d. Examples: diaries, journals, letters, newspaper and magazine articles,
government records, photographs, maps, postcards, posters, etc.
 2. Secondary Sources
a. Materials made by people long after the events being described had
taken place to provide valuable interpretations of historical events
b. Analyze and interprets primary sources
c. An interpretation of second-hand account of a historical event
d. Example: biographies, histories, literary criticism, books written by a
third party about a historical event, art and theater reviews, newspaper
or journal articles that interpret.
LESSON 3: historical criticism
- Historical criticism examines the origins of earliest text to appreciate the
underlying circumstances upon which the text came to be
- Two important goals
o To discover the original meaning of the text in its primitive or historical
context and its literal sense or sensus literalis historious
o To establish a reconstruction of the historical situation of the author and
recipients of the texts

❖ Two types of historical criticism

1. External Criticism 2. Internal Criticism
Eyewitness or Secondhand Account?
When was Where was
Why was
it written? it written? it written
Primary
Primary Literal Document
Document
Meaning
?
Why did it Internal
Authentic? survive? Consistency
Who was Connotations?
the real
author?
Meaning at
context ?
❖ Historical criticism
o Historical criticism has its root in the 17th century during the Protestant
Reformation and gained popular recognition in the 19th and 20th
centuries
o The absence of historical investigation paved the way of historical
criticism to rest on philosophical and theological interpretation
❖ Various methodologies used today
o Source criticism
▪ Analyzes and studies the sources used by biblical authors
o Form criticism
▪ Seeks to determine a unit’s original form and historical context of
the literary tradition
o Redaction criticism
▪ Regards the author of the text as editor of the source materials
(intention of the author)
o Tradition criticism
▪ Attempts to trace the development stages of the oral tradition
from its historical emergence to its literary presentation
o Canonical criticism
▪ Focuses its interpretation of the bible on the text of biblical canon
❖ Two parts t a historical criticism
o Part 1: to determine the authenticity of the material or provenance of a
source
▪ the critic should determine the origin of the material, its author,
and the sources of information used
- External criticism: used in determining these facts
o Part 2: to weigh the testimony of the truth
▪ The critic must examine the trustworthiness of the testimonies as
well as determine the probability of the statements to be true
- Internal criticism or higher criticism: most likely to be used
 ❖ Test of authenticity
o To distinguish a hoax or a misrepresentation from a genuine document,
the historian must use test common in police and legal detection
Making the best guess of the date of the document, he/she examines the
materials to see whether they are not anachronistic (chronological inconsistency)
o Paper was rate in Europe before the 15th century, and printing was unknown;
o Pencils did not exist there before the 16th century;
o Typewriting was not invented until the 19th century;
o Indian paper came only at the end of 19th century
The historian also examines the inks for signs of age or of anachronistic chemical
composition

Making the best guess of the possible author of the document, he/she sees if
he/she can identify the handwriting, signature, seal, letterhead, or watermark. If
unfamiliar, the handwriting will be compared with authenticated specimens
o Experts used techniques known as paleography and diplomatics
o These disciplines were founded in 17th century by Dom Jean Mabillon, a
French Benedictine monk and scholar of the Congregation of Saint Maur
o Seals have been the subject of special study by sigillographers

LESSON 4: repositories of primary sources

NATIONAL ARCHIVES OF THE PHILIPPINES NATIONAL LIBRARY OF THE PHILIPPINES

NATIONAL HISTORICAL COMMISSION OF THE PHILIPPINES NATIONAL MUSEUM OF THE PHILIPPINES

U.P. MAIN LIBRARY ADMU RIZAL LIBRARY

DLSU LIBRARY UST LIBRARY

 NATIONAL ARCHIVES AND RECORDS ARCHIVO GENERAL DE LA NACION
LIBRARY OF CONGRESS ADMINISTRATION

ARCHIVO GENERAL DE INDIAS AMERICAN HISTORICAL COLLECTION

LOPEZ MEMORIAL MUSEUM AYALA MUSEUM

❖ KINDS OF PRIMARY SOURCES

HUMAN FOSSILS ARTIFACTS

ROYAL DECREES & LAWS OFFICIAL REPORTS

CHRONICLES FRIAR ACCOUNTS

MAPS
MEMOIRS PERSONAL ACCOUNT

NEWSPAPER MAGAZINES
LEGISLATIVE JOURNALS COURT RECORDS

SPEECHES PERSONAL LETTERS

ONLINE DATABASE BLOGS

DOCUMENTARY FILMS RECORDED INTERVIEWS

LESSON 5: Site of the first mass
❖ Landing on Philippine Shores (short recap)
o When Magellan and his European crew sailed from San Lucar de
Barrameda for an expedition to search for spices, these explorers
landed on the Philippines after their voyage from other proximate areas.
On March 28, 1521, while at sea, they saw a bonfire which turned out to
be Limasawa where they anchored
❖ Blood compact (short recap)
o The island’s sovereign ruler was Rajah Siaiu. When Magellan and
comrades set foot on the grounds of Limasawa, he befriended the Rajah
together with his brother Rajah Kulambu of Butuan. In those days, it was
customary among the indigenous-and in most of southeast Asia-to steal
friendship with a blood compact. On instigation of Magellan who had
heard the Malayan term for it, casi casi, the new friends performed the
ritual. This was the first recorded performed compact between Filipinos
and Spaniards. Gifts were exchanged by the two parties when the
celebration had ended.
❖ Antonio Pigafetta (1491-1531)
o He travelled with the Portuguese explorer Magellan and his crew on
their first Voyage around the world
o Was one of the 18 men who returned in Spain in 1522
❖ Ferdinand Magellan (1480-1521)
o A Portuguese navigator, attempting to sail around the world for Spain to
prove that the Earth is round
o He and his expedition were the first Europeans to reach the Philippines,
a stop on the first circumnavigation of the globe
❖ Fray Pedro De Valderrama (1550-1611)
o The Andalusian chaplain of the fleet
o Was sent ashore with some men to prepare for a mass and to inform
Rajah Kolambu, through an interpreter
o The one who officiate & conducted the First Mass
 A detail of Carlos V. Francisco's First Mass in the Philippines painting
❖ The First Mass
o On March 31, 1521, Easter Sunday in Limasawa Island, Leyte. Magellan
ordered a mass to be celebrated which was officiated by father Pedro
Valderrama, the Andalusian chaplain of the fleet
o Conducted near the shores of the island, the Holy First Mass marked the
birth of Romad Catholicism in the Philippines. Colambu and Siaiu were
the first natives of the archipelago, which was not yet named
“Philippines”

o On April 14, 1521, Humabon- along with his wives, relatives, courtiers,
and practically the entire populace of Cebu-was baptized by Father
Valderrama
o Humabon was named Carlos, in honor of King Charles I of Spain, while
his principal wife was named Juana, after King Charles’ mother, Johanna
 “"The First Baptism by Fernando Amorsolo"” painting
❖ The Baptism
o The first Mass in Cebu was celebrated, and almost 500 Cebuanos were
baptized, among them Rajah Homonhon and Rajah Kolambu. Magellan
also gave Juana an image of the Sto. Niño (holy child Jesus) as a gift, an
had a large cross, erect4ed, to mark the baptismal site

“Planting of the First Cross” painting

❖ Planting of the cross
o Magellan’s chronicler, Antonio Pigafetta, who recorded the said event
said: “After the cross was erected in position, each of us repeated a
Pater Noster and and Ave Maria, and adored the cross; and the Kings
(Colambu and Siaiu) did the same”
❖ Proclamation of the National Shrine

On June 19, 1960, Republic Act No.

2733, called the Limasawa Law,
was enacted without being signed
by the President of the Philippines.
The legislative fiat declared The
site in Magallanes, Limasawa Island
in the Province of Leyte, where the
first Mass in the Philippines was
held is hereby declared a national
shrine to commemorate the birth of
Christianity in the Philippine.
❖ Historical controversies
Masao
• Other Filipino historians has long contested the idea of
Limasawa as the site of the first Catholic mass in the country.
• Historian Sonia Zaide identified Masao (also Mazaua)
in Butuan as the location of the first Christian mass.
• Basis of Zaide's claim is the diary of Antonio Pigafetta,
chronicler of Magellan's voyage.
• In 1995 then Congresswoman Ching Plaza of Agusan del Norte-
Butuan City filed a bill in Congress contesting the Limasawa
hypothesis and asserting the "site of the first mass" was
Butuan.
• The Philippine Congress referred the matter to the National
Historical Institute for it to study the issue and recommend a
historical finding.
• Then NHI chair Dr. Samuel K. Tan reaffirmed Limasawa as the
site of the first mass.
LESSON 6: Customs of the Tagalog
Juan de Plasencia: Las Costumbres de los
Indios Tagalos de Filipinas

❖ Background of the Author

❖ Historical Background of the Document
Datu:
- Chief,
captain of
wars,
whom
governed,
obeyed and
reverenced
.

Nobles or Commoners or
Maharlika: aliping
namamahay:
- Free born, - They live in
they do their own
houses and
not pay lords of their
taxes property and
gold

Slaves or aliping
saguiguilir: Houses:

- They serve - Made

their of
master in wood,
his house bamb
and his oo,
cultivated and
lands and nipa
can be sold palm
Mode of Dressing:
- Headgear is called
Putong(symbolizes
-(upper)
the number of baro or
persons the camisa
wearer had killed
- (upper) a jacket -(lower)
with short sleeves
saya
called kanggan
- (lower) bahag

Ornaments:
- A decorative object or
detail that adds quality
or distinction to a
person, place or thing
LESSON 7: the works of Juan Luna and Fernando Amorsolo

➢ Spoliarium (19th Century)

➢ This is the most valuable oil-on-
canvass painting and considered
as the largest painting in the
Philippines.
➢ It won First Gold Medal in 1884 as
an entry to the prestigious
Exposicion de Bellas Artes in
Madrid.

➢ The Parisian Life

(1892)
➢ French: Interior
d'un Cafi
➢ English: (Inside a
Café)
LESSON 8: the political caricatures of the American Era

❖ Alfred W. McCoy
o Born on June 8, 1945 at Concord, Massachusetts, United States
o An American and educator at University of Wisconsin at Madison where
he is the director of center of south-east Asian studies
o Authored the book “Philippine cartoons: political caricature of the
American era, 1900-1941” together with Alfredo Roces which was
originally published in 1985
❖ Political caricature of the American era
o Philippine political cartoons gained full expression during the American
era
o Filipino artists recorded national attitudes toward the coming of the
Americans as well as the changing mores and times
o While the 377 cartoons compiled in this book speak for themselves,
historian Alfred McCoy’s extensive research in Philippine and American
archives provides a comprehensive background not only to the cartoons
but to the turbulent period as well
❖ Why the “Aparcero” rebels?
o It shows the form of landlord usury used to strip tenant farmers from
their rightful share of harvest

“A WRINKLE IN THE ART OF THIEVING”

❖ A wrinkle in the art of thieving
o This shows city capitalists using the
Torrens Title process, which required
relinquishment of customary claims to
issue titles, to grab lands in Nueva
Ecija and other Central Luzon
provinces
“ANG MGA MAPAPALAD”
Torrens title is the certificate
of ownership issued by the
land Register of Deeds,
naming and declaring the
owner of the real property
described therein, free from
all liens and encumbrances
except such as may be
expressly noted thereon or
otherwise reserved by law
“EQUAL WORK, UNEQUAL SALARY, WHY?”
LESSON 9: agrarian reform policies
❖ What is the meaning of agrarian reform?
o Agrarian reform, redistribution of the agricultural resources of a country
o Traditionally agrarian or land, reform is confined to the distribution of
land
❖ Who is the father of post agrarian reform?
o President Diosdado Macapagal was considered the father of agrarian
reform it was during his term that the Agricultural land reform code or
RA No. 3844 was enacted on August 8, 1936
o This is agrarian reform law in the Philippines
o Comprehensive agrarian reform program
o Its farmer is giving certificates of land ownership award or CLOA for
their new property
o Under the law a landowner can only retain 5 hectares regardless of the
size of the hacienda
❖ What are the benefits of agrarian reform?
o It is benefits of agrarian reform complementary inputs are necessary to
maximize the benefits from agrarian reform irrigation credit and
government service tend to promote higher incomes
o Moreover, agrarian reform communities tend to increase the chances of
a farmer beneficiary to non-poor
❖ What is the purpose of agrarian reform?
o The main purpose to put an end to conflicts pertaining to land
ownership
o Aim to bring out about harmony between the rural people and the
urban residents is also called for
o Therefore, bringing stability in the political set up of the country is also
regarded as one of the objective or agrarian reform
❖ Why is the agrarian reform important?
o Reforms are important because protect the rights of the farmers
❖ What are the components of agrarian reform?
o Land reform consists of three components;
▪ Reform of the land tenurial structure
▪ Reform of the production structure
▪ Reform of the supporting service structure
❖ What is the meaning of free patents?
o Under the public land act, free patent is the acquisition of public land by
means of an administrative. Confirmation of imperfect title
❖ Principles of agrarian reform
o Social justice
▪ Means that the democratization of income and wealth is realized
by giving the marginalized farmers an equal access to land as their
basic productive resource
o Just compensation of the landowners
▪ Together, they will work with the concerned government agencies
in the preparation, planning, and implementation of the program
❖ Aspects of agrarian reform
o Economic
▪ The agricultural development is prior to industrial development
and progress
o Socio-cultural
▪ Self-reliance, self-esteem, dignity, and improvement quality of life
for the beneficiaries may be achieved
o Religious
▪ Agrarian reform is solidly grounded in both the old and new
testaments and social teachings
o Moral
▪ Sound reason seed the need for a just and equitable distribution of
agricultural lands to landless farmers, in line with the essence of
social justice
 o Political
▪ Measures the extent of willingness on the part of national
leadership to implement the law regardless of those affected
o Legal
▪ Agrarian reform is based on constitutional mandates
• Art. II, Sec. 10– the state shall promote social justice in all
phase of national development
• Art. II, Sec. 21- the state shall promote comprehensive rural
development and agrarian reform
• Art. XII, Sec. 1[2]-the state shall promote industrialization and
full employment based on sound agricultural development
and agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are
competitive in both domestic and foreign markets. However,
the State shall protect Filipino enterprises against unfair
foreign competition and the trade practices
• Art. XIII, Sec. 1[2]- the state shall regulate the acquisition
ownership, use, and disposition of property and its increments
• Art. XIII, Sec. 2- the promotion of social justice shall include
the commitment to create economic opportunities based on
freedom of initiative and self-reliance
• Art. XIII, Sec. 3-10- labor
❖ Objectives of agrarian reform
o National development
o Dynamic democracy
o Heightened quality of life
❖ Historical background of agrarian reform
o Pre-Spanish Era
▪ Land was not distributed during the pre-colonial period in the
Philippines
▪ Land is communal or the barangay commonly owned the land
❖ The first Philippine Republic
o When Emilio Aguinaldo came to power in 1899, the Malolos
Constitution which they crafted intended to confiscate the so0called
Friar Lands and other large estates. However, the First Philippine
Republic was short-lived so that the plan to confiscate the lands was
never executed
LESSON 10: the Philippine Constitution through time

❖ Constitution
o Defined as a set of fundamental principles or established precedents
according to which a state or other organization is governed, thus, the
word itself mean to be a part of a whole, the coming itself mean to be a
part of a whole, the word itself mean to be a part of a whole, the
coming together of distinct entities into one group, with the same
principles and ideals
❖ 1897 Constitution (Biak-na-bato Constitution)
o Promulgated by the Philippine Revolutionary Government
o November 1, 1897
o Borrowed from Cuba
o Written by Isabelo Artacho and Felix Ferrer
o Written in Spanish then later it was translated from Tagalog

- The Constitution of Biak-na-Bato was never fully implemented, since the Pact
of Biak-na-Bato, was signed between the Spanish and the Philippine
Revolution Army
❖ 1899 Constitution: (Malolos Constitution)
o After signing the truce, the Filipinos revolutionary leaders accepted a
payment from Spain and went to exile in Hong Kong
o Mock Battle in Manila Bay; Spaniards were defeated by the Americans
o Declaration of Philippines Independence by Emilio Aguinaldo (June 12,
1898)
o The first Philippine Republic was formed
o The Malolos Congress was elected
o September 17, 1898-drafts of construction
o November 1898- approved by the congress
o January 21, 1899-promulgated by Aguinaldo
o The Political Constitution of 1899 (written in Spanish)
o 39 Articles divided into 14 titles with 8 articles of transitory provisions
o Patterned from after Spanish constitution of 1812
o Felipe Calderon author of the constitution
o Other influence of Malolos Constitution are from the charter of Belgium,
Mexico, Brail, Nicaragua, Costa Rica, and Guatemala, and French
Constitution of 1793
o Other influences of Malolos Constitution (Philippines)- KARTILYAN AND
SANGGUNIAN HUKUMAN, BIAK NA BATO CONSTITUTION, MABINI’S
CONSTITUTIONAL PROGRAM OF THE PHILIPPINE REPUBLIC OF 1898
o Title IV-natural rights and popular sovereignty of Filipinos
o Title III, Article V- declares that the State recognizes the freedom and
equality of all beliefs, as well as the separation of the Church and State
o Title II, Article IV-the form of government(the three distinct powers)
▪ Legislative
• Unicameral body (Assembly of Representative)
• Members were elected on four years
• Secretaries of the government were given seat in the
assembly
• Bills were introduced by member of legislative or by the
president
 • They are given rights to select their own officers
• Right of impeaching the president, cabinet members, chief
justice of supreme court and solicitor-general
▪ Executive
• Vested in the president
• Elected by constituent assembly (assembly of the
representative)
• Four years term without re-election
• No vice president
• In case of vacancy, a president was to be selected by the
constituent assembly
▪ Judicial
o The 1899 Malolos Constituent was never enforced due to the ongoing
war
o The Philippine was effectively a territory of the United States upon
signing the Treat of Paris between Spain and the United States,
transferring sovereignty of the Philippines on 10 December 1898
❖ 1935 Constitution (Commonwealth Constitution)
o Philippine was subject to United States of America
o It was placed from Military to Civil government
o Two Act of the United States Congress were passed that may be
considered to have qualities of constitutionally
1. Philippine Organic Act of 1902
a. The first organic law of the Philippines island
b. It provides the creation of the a popularly elected Philippine Assembly
c. Legislative power would be vested in bicameral
Legislature (upper house & lower house)
d. Key provisions
i. Bill of rights
ii. Appointment of two non-voting Filipinos Resident Commissioner of
the Philippines (representative to US congress)
2. Philippine Autonomy Act of 1916 (Jones Law)
a. Removal of Philippine Commission (replacing by Senate)
b. It was an act that declare the purpose of the United States o end their
sovereignty over the Philippines
c. It recognizes Philippines independence as son as a stable government
can be established
3. Hare-Hawes-Cutting Act of 1932
a. It is the promise of granting Filipinos independence
b. Led by Sergio Osmena and Manuel Roxas (Filipinos Independence
Mission)
c. Rejected by Senate President Manuel L. Quezon
4. Tydings-Mcduffie Act of 1934
a. Also known as the Philippine Independence Act
b. It provide authority and defined mechanisms for the establishment of a
formal constitution by a constitutional convention
c. First meeting was held on July 30, 1924
d. Claro M. Recto was unanimously elected as a president
✓ The constitution created the Commonwealth of the Philippines from 1935-
1946
✓ It is a transitional administration to prepare the country towards its full
achievement of independence
✓ It was originally provided for a unicameral National Assembly
✓ President and Vice President- 6 years term without re-election Amended in
1940
✓ Bicameral congress (senate and house pf representative)
✓ President and vice President – 4 years with one re-election
✓ Right to vote for women
✓ Influences of the constitution
o AMERICAN, MALOLOS CONSTITUTION, GERMAN, SPANISH, MEXICAN
CONSTITUTION, SOUTH AMERICAN COUNTRIES, UNWRITTEN ENGLISH
CONSTITUTION
 ✓ February 8, 1935-the draft of the constitution was approved by the
constitutional convention
✓ March 25, 1935-ratified by the US President Franklin B. Roosevelt
✓ September 1935-Manuel L. Quezon was elected as President of the
Commonwealth
The commonwealth was briefly interrupted by the evens of the World War II, with
the Japanese occupying the Philippines. Afterwards, upon liberation, the
Philippines was declared an independent Republic on July 4,1946

❖ 1973 Constitution: (Constitutional Authoriatianism)

o 1965-Ferdinand Marcos was elected as President
o 1967- Philippine Congress passed a resolution for a Constitutional
Convention
o 1969-Marcos won the re-election
o November 20, 1970-election of delegates to the Constitutional
Convention
o June 1, 1971-the convention began formally (Carlos P. Garcia elected
Convention President)
o Before the convention finished the work, Martial Law was declared
o Some delegates of the convention were placed behind the bars and
other were voluntary exiled
o With Marcos as dictator, the direction of convention turned and
dictated some provision of the constitution
o On November 29, 1972- the convention approved its proposed
constitution
o The constitution supposed to introduce a parliamentary-style of
government
o Legislative
▪ Unicameral
▪ 6 years terms of the member
▪ The president-head of state
 ▪ Six year term
▪ Could be re-elected
▪ Unlimited number of terms
o Executive power
▪ Prime minister- head of the government
▪ Commander in chief of the Armed Forces
o November 30, 1973- president decree no. 73 (plebiscite to ratify or
reject the proposed constitution)
o It was postponed because Marcos feared that public might reject the
constitution
o Citizen assembly was held- voting by hand ratify the constitution
o Topics of the voting
▪ Ratify constitution
▪ Continue martial law
▪ Place a moratorium on election for a period of at least several
years
o 1976-citizen assemblies once again, decided to allow the continuation of
Martial Law
o The president also become the prime Minister and continue to continue
to exercise the legislative powers until Martial Law was lifted
o 1980- retirement age of members of the judiciary was extended to 70
years
o 1981- parliamentary system was modified to French style (semi-
presidential)
o 1984-the executive committee was abolished and the position of the
vice president was restored
The constitution was merely the way for the president to
1. Keep executive senate
2. Abolished senate
3. Functioned as an authorization presidential system with powers
concentrated in the hands of the president
✓ 1980’ situation was very turbulent
✓ August 1983- Benigno Aquino Jr. was assinated
✓ Marcos was then force to hold a “snap” election
✓ Rebel groups
✓ 1986- EDSA REVOLUTION
✓ February 25, 1986-Corazon Aquino was installed as president

❖ 1987 Constitution: Constitution after martial law

✓ President Corazon Aquino decide to make a new constitution
✓ March 1986- president Aquino proclaimed a transitional constitution to last
for a year while constitutional commission draft a permanent constitution
✓ Freedom constitution-transitional constitution (Presidential Decree)
✓ In 1986, constitutional convention was created
o 48 members
o Appointed by President Aquino from varied background and
representation
o They draw a permanent constitution largely restoring the set up
abolished by Marcos in 1972
o February 2, 1987- constitution was finally adopted
✓ Constitution
o Preamble
o 18 self-contained articles
o Democratic republican state
o Sovereignty resides in the people and all government authority
emanates from them
o It allocates governmental powers (executive, legislative, and Judiciary)
✓ Executive branch
o Headed by President and his cabinet whom he appoints
 o President is the head of state and chief executive but his power is
limited
o In case of national emergency the President may still declare Martial
Law but no longer than the period of sixty days
o Congress (through majority) can revoke or extend martial law
o The supreme court may also review the declaration of Martial law
o The president and Vice president are elected by direct vote, serving
single six-year term
✓ Legislative branch
o Congress is divided into two houses (senate and house of
representatives)
o 24 senators are elected by popular vote- no more than two consecutive
six terms )
o The house of representative – composed of district representatives
representing particular geographic area and makes up around 80% of
the total number of representatives
o They serve three-year term
o Party-list system- to provide spaces for the participation of under
represented community sector (20% seat of the house)
✓ Congress may also declare war through two-thirds vote in both upper and
lower house
✓ Legislative is subject to an executive check
o President can veto or stop the bill from becoming a law
o Congress may override this power through 2/3 votes
✓ Judiciary branch
o The supreme court
▪ 15 members court appointed by the president without the need to
confirmed by Congress
o Appointment process
▪ List of nominees was provided (judicial and bar council)
o The supreme court justice
 ▪ May hear appeal any cases dealing with constitutionality of any
law, treaty, or decree
▪ Cases where questions of jurisdiction or judicial error is concerned
▪ Cases where penalty is sufficiently grave
▪ It may also exercise original jurisdiction over cases involving
government or international officials
▪ In charge of the functioning and administration of the lower and
their personnel
✓ The Constitution also established three independent CONSTITUTIONAL
COMMISSIONs
o Civil Service Commission: a central agency in charge of government
personnel
o Commission on Election: enforce and administer all election laws and
regulations
o Commission on Audit: examines all fuds, transactions and property
accounts of the government and its agencies

❖ Changing the Constitution

o Charter Change (cha-cha): changing of the Constitution
o 3 ways of changing the Constitution (Article XVII of the 1987 Costitution)
▪ Constitutional Assembly (Con-Ass)
• Congress (Senate and House of Representative)
• Propose amendments to the constitution
• It is not clear, however, if Congress is to vote as single body
separately
▪ Constitutional Convention (Con-Con)
• Congress upon the vote of 2/3 of its member calls for a
constitutional convention
• Submit to electorate the question calling a convention
through a majority vote of all its members
• The con-con delegates will propose amendments or revisions
to the constitution, not congress
 • The 1987 constitution does not provide for a method by which
a delegate to Con-Con are chosen
▪ People’s Initiative
• Amendments of the constitution may be proposed by the
people upon a petition of at least 12% of the total number of
registered votes
• No amendments is allowed more than once every five years
since a successful PI
• The 1987 constitution directs the congress to enact a law to
implement provision of the PI, which has not yet materialized
✓ Amendments or revision to the constitution shall be valid only when ratified
by a majority of the votes cast in a national referendum
✓ Only the House of Representatives can initiate the impeachment of the
President, members of Supreme Court, and other constitutionally protected
public officials such as 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

o There were efforts to amend or change the 1987 Constitution starting
with Fidel Ramos
o 1995 – when Secretary of National Security Council Jose Almonte
drafted a constitution but it was exposed to media and it never
prospered
o 1997- the group called PIRMA hoped to gather signature from voters to
change the constitution through people’s initiative. Many were against
this including Senator Miriam Defensor-Santiago who brought the issue
to court and won
o Joseph Ejercito – formed a study commission to investigate the issues
surrounding charter change focusing on the economic and judiciary
provision of the constitution
 o House speaker Jose de Venecia under President Macapagal Arroyo
endorsed constitutional change through a Constituent Assembly which
entails a 2/3 vote of the House to propose amendments and revision
o This initiative was not successful since the term of president Arroyo was
mired in controversy and scandal including the possibility of Arroyo to
extend her term, which the constitution does not allow
o Benigno Aquino III Administration had no marked interest in the Charter
Change except Speaker of the House, Felciano Balmonte Jr., who
attempt to introduce amendments to the constitution that concern
economic provision that aim toward liberalization

❖ Federalism
o President Duterte in the 2016 presidential election, saying that it will
evenly distribute wealth of the Philippine instead of concentrating it in
Manila
o As a form of government, the central government, a central governing
authority and constituent political units constitutionally shared
sovereignty
o Applied to the Philippines, the country will be broken into autonomous
regions
o Each region will be divided into local government unit
o The regions will have the primary responsibility of industry
development, public safety, education, healthcare, transportation and
many more
o Each region will take charge of their own finances, plans for
development, and laws exclusive to their area
o The national government, on the other hand, will only handle matters of
national interest such as foreign policy and defense among others
o In this system, it is possible for the central government and the region
to share certain powers
o Our current system is that of a unitary for, where administrative powers
and resources are concentrated in the national government
o Mayors and governors would have to rely on allocations provided to
them through a proposed budget that is also approved by the national
government, a system prone to abuse
o There are many pros to a federal government
o Each region may custom fit solutions to problems brought about by they
distinct geographic, cultural, social, and economic contexts. Regions also
have more power over their finances, since they handle majority income
and only contribute a small portion to the national government
o They can choose to directly fund their own development projects
without asking for the national government’s go signal
o A federal system focuses on nationwide concerns while regional
governments take care of administrative issue
o Federal form of government could also solve a lot of decade-old
problems of the country
o It may be a solution to the conflict in Mindanao, since a separate
Bangsamoro region could be established for Muslim Mindanao
o It could address to inequality in wealth distribution and lessen the
dependence to the Metro Manila, since regions can be proceed with
what they have to do without needing to consider the situation in the
capital
o There are also cons to federalism
o While it creates competition among regions, it could also be challenge
to achieving unity in the country
o There might be regions which are not ready to govern themselves or
have lesser resources which could mire them deeper in poverty and
make development uneven in country
o There could be issue regarding overlaps in jurisdiction, since ambiguities
may rise where national ends and regions began
o As a proposed solution to the conflict of Mindanao, we must also
remember that the Autonomous Regions in Muslim Mindanao (ARMM)
had already been created and the conflict still continues
o Federalism may not be enough for those who clamor separation
 o Any effort to shift the system of government also entails cost and it
would not be cheap. It would cost billion to dismantle the current
system and would take long time before the system normalizes and iron
out is kinks
LESSON 11: evolution of Philippine taxation
❖ Taxation in Spanish Philippines
o They imposed the payment of tributos (tributes) from the Filipinos,
similar to what had been practiced in all colonies in America
o The purpose is to generate resources to finances the maintenance of
islands, such as salaries of government officials and expenses of clergy
o The difficulty faced by the Spaniards in revenue collection through the
tribute was the dispersed nature of the settlements, which they solved
by introducing the system of reduction by creating pueblos, where
Filipinos were gathered and awarded plot of land to till
o Later on the settlement will be handled by the encomienderos who
received rewards from the Spanish crown for their services
o Exemption-principals, alcaldes, gobernadores, caneza de barangay,
soldier, member of the civil guard, government officials
o The Chinese in the Philippines were also made to pay their
discriminatory cedula which was bigger than what the Filipino paid
o Two direct tax where added in 1878
▪ Urbana-tax on the annual rental value of an urban real estate
▪ Industria-tax on salaries, dividends and profit
o Indirect Tax such as custom duties were imposed on export and imports
to further raise revenue especially during the 19th century when
economic growth increased
o The colonial government also gained income from monopolies such as
sale of stamped papers, manufacturer and sale of liquor, cockpits, and
opium, but the biggest of the state monopolies-TOBACCO
o Forced Labor- Males are required to provide 40 dayas a year. They may
opt out by paying the FALLAS of three pesos per annum. The polos
 would be called prestacion personal by the second half of the 19th
century
o Taxation in the Philippines during the Spanish colonial period was
characterized by the heavy burden placed on the Filipinos and the
corruption of the principals or the former datus and local elites who
were co-opted by the Spaniards to subjugate and control the natives on
their behalf
❖ Taxation under the Americans
o In 1989to 1903, the Americans followed the Spanish system of taxation
with some modification, noting that the system introduced by the
Spaniards were outdated and regressive
o The military government suspend the contract for the sale of opium,
lottery and mint charges for coinage of money. Urbana was replaced by
tax on real estate, which become known as land tax
o The problem with land wax was that land titling in the rural area was
very disorderly; the appraising of land values was influence by political
and familial factor and the introduction of taxation system on
agricultural land faced objections from the landed elite
❖ The Internal Revenue Law of 1904
It prescribed ten major sources of revenue:
1. Licensed taxes on firm dealing in alcoholic beverages and Tobacco
2. Excise taxes on alcoholic beverages and Tobacco products
3. Taxes on banks and bankers
4. Document stamp taxes
5. cedula
6. Taxes on insurance and insurance companies
7. Taxes on forest products
8. Mining concession
9. Taxes on business and manufacturing
10. Occupational licenses
o Cedula went through changes in new law as the rate was fixed per adult male
which resulted a great decline in revenue
o in 1907 some provinces were authorized to double the fee for the cedula to
support the construction and maintenance of roads
o the industria was levied on the business community and become a highly
complex system that assigned a certain tax to industrial or commercial
activity according to their profitability
o In 1913, the Underwood-Simmons Tariff Act was passed, resulting in a
reduction in the revenue of the government as export taxes levied on sugar,
tobacco, hemp and compra were lifted
o In 1904-internal revenue act such as the imposition of taxes on mines,
petroleum products, and dealer of petroleum products and tobacco
o New source of taxes were introduced later on. In 1914, an income tax was
introduced; in 1919, and inheritance tax was created, and in 1932, a national
lottery was established to create more revenue for the government
❖ Taxation during the Commonwealth Period
o New measures and legislation were introduced to make the taxation
system appear more equitable during the commonwealth. Income tax
rate were increased in 1936, adding a surtax rate on individual net
income in excess of 10,000
o Income tax rates of corporation were also increased
o In 1937, the cedula tax was abolished which appeared to be progressive
move
o In 1940, a residence tax was imposed on every citizen aged 18 years old
and every corporation
❖ In 1939, a New Tax System
1. Normal tax of three percent and the surtax on income was replaced by a
single tax at progressive rate
2. Personal exemptions were reduced
3. Corporations income tax was slightly increased by introducing taxes on
inherited estates or gift donated in the name of dead persons
4. The cumulative sales tax was replaced by a single turnover tax of 10% on
luxuries
5. Taxes on liquors, cigarettes, forestry products, and mining were increased
6. Dividend were made taxable
o The introduced tax structure was improvement of the earliest system
introduced by the Americans, but still remained inequitable
o Finally, a common character of taxation during the American occupation in
the Philippines was not used to diversify the economy or direct economic
development
o As world war II reached the Philippines shores, economic activity was put to
stop and the Philippines bowed to a new set of administration
o The Japanese during the WWII immediately continued the system of tax
collection introduced during the commonwealth, but exempted the articles
belongingness to the Japanese armed forces
❖ Fiscal Policy from 1946 to present
o The impact of the war on the Philippines economy was effectively
disparate, as Manila, the capital was razed to the ground while the rest
of the Philippines was relatively untouched
o The United State may have declared the Philippines independent but as
a country needed rehabilitation fund from the US. The dependency of
the Philippines to the US was an opportunity to be taken advantage of
by the US
o The economic situation was so problem that by 1949 there was a severe
lack of funds in many aspects of the government such as military and
education
o No efforts were made to improve the tax collection and the United State
advised the adoption of direct taxation. President Manuel Roxas
declined for political reasons
o The impetus of economic growth come during the time of President
Elpidio Quirino through implementation of import and exchange
control.
o New Tax measure were also passed including higher corporate tax. Tax
revenue in 1953 increased two-fold compared to 1948, the year when
Quirino first assumed presidency.
o Magsaysay, Garcia, and Macapagal, promised to study the tax structure
and policy (Tax Commission in1959 by means of R.A. No. 2211)
o Characterized by overburdening of the lowest classes while the landed
elite who held business interest were in congress to ensure that taxes
would not be levied to them who belong to the higher class
o The period of post war republic also saw a rise in corruption.
o From 1959 to 1968 the Congress did not pass an tax legislation despite
important changes in the economy vested in the interests of Filipino
businessmen in congress would manifest in many instances such as
rejection of taxes on imports.
o Indirect tax still contributed to three quarter of tax revenue and the
omnibus tax law of 1969 did not increase the ration of income tax to
general tax revenue.
o Collection of taxes remained poor; tax structure was still problematic;
and much of public funds were lost to corruption.
o Under Marcos authoritarian regime, the tax system remained
regressive. During the latter part of Marcos years (1981-1985), the tax
system was still heavily dependent on indirect tax. Which made up to
70% of total tax collection.
o The tax also remained unresponsive
o Taxes grew at an average rate of 15% and generate a low tax yield.
o As Corazon Aquino took the helm of the government after the EDSA
Revolution, she reformed the tax system through the 1986 Tax Reform
Program
o The aim was to improve the responsiveness of the tax system,
▪ promote equity by ensuring the similarly situated individuals and
firms bear the same tax burden,
• promote growth by withdrawing or modifying taxes that
reduces incentives to work to produce and;
 • improve tax administration by simplifying the tax system and
promoting tax compliance
❖ A major reform in tax system introduced under the Aquino was the
introduction of the Value-Added Tax (VAT)
1. Uniform rate of 10% sale of on sale of domestic and imported goods and
services and zero percent on export and foreign-currency denominated
sales;
2. Ten percent lieu of varied rates applicable to fixed taxes, advance sales
tax, tax on original sale, subsequent sale tax, compensating tax, miller’s
tax, contractor tax, broker’s tax, film lessors and distributor’s tax, excise
tax on solvents and matches and excise tax on processed videotapes.
3. Two percent tax on entities with annual sales or receipt of less than
5,200,000
4. Adoption of tax credit methods of calculating tax by subtracting tax on
input from tax or gross sales
5. Exemption of the sale of basic commodities such as agriculture and
marine food products in their original state, price-regulated petroleum
products and fertilizers
6. Additional 20% tax on non-essential articles such as jewelry, perfumes,
toilet waters, yacht, and other vessel for pleasure and sports
o The VAT law was signed in 1986 and put effect in 1988. While it was a
reliable source of revenue for the government , new tax law would reduce it
reliability as legislated exemption grew.
o 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 the Executive Order 127. Tax
collection and tax audits were intensified; computerization was introduced;
and corruption was relatively reduced which improved the trust of BIR in
general
o Greater political stability during the administration of Fidel Ramos in 1992
allowed for the continued economic growth.
o 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 rate
2. Minimize tax avoidance allowed by existing loopholes in the system
3. Encourage payment by increasing tax exemption levels, lowering the highest
tax rates and simplifying procedures
4. Rationalize the grant of tax incentives, which as estimated to be worth 53.1
billion pesos in 1994.

o The VAT base was also broadened in 1997 to include services, through R.A.
7716. The features of the improved VAT law were also follows
1. Restored the exemptions for all cooperatives (agricultural, electric, credit or
multipurpose and others) provided that the share capital of each members
does not exceeds 515,000 pesos
2. Expand the coverage of the term “simple processes” by including broiling
and roasting effectively narrowing the tax base for food products
3. Expanded the coverage of the term original state by including molasses.
4. Exempted from the VAT are the following
a. Importation of meat
b. Sale or importation of coal and natural gas in whatever form or state
c. Educational services rendered by private educational institution duly
accredited by the Commission on Higher Education (CHED)
d. House and lot and other residential dwelling values at 51 million and
below, subject to adjustment using Consumer Price Index
e. Lease of residential unit for monthly rental per unit of not more than
58,000 subject using CPI
f. Sale importation, printing or publication of books and any newspaper.
o The succeeding term of President Joseph Estrada in 1998 was too short to
constitute any change in tax system
o Gloria Macapagal Arroyo became the president and she increased the
government spending without adjusting the tax collections. Which resulted
to the large deficit.
 o The government had an additional tax revenue through the Expanded Value-
Added Tax (E-VAT) was signed into law as R.A. 9337.
o This EVAT is subjected into energy products such as coal and petroleum
products and electricity generation, transmission and distribution.
Selected professional services were also taxed. In February 2006, the
VAT tax rate was also increased from 10%-12%.
o President Benigno Aquino III succeeded Arroyo in 2010 he promised that no
new taxes will be imposed and additional revenue would have to come from
adjusting existing tax.
o The Administration ventured into the adjustment of excise tax on liquor and
cigarettes (SIN TAX REFORM).
o R.A 10351 was passed and government revenue from alcohol and tobacco
excise taxes increased.
o This resulted in the Philippines receiving credit rating upgrade into
investment grade status.
o The SIN TAX reform was exemplar on how tax reform could impact social
services as it allowed for the increase of Department of Health budget and
free health insurance premium for the poor people enrolled in PHILHEALTH
o The administration of President Duterte promised tax reform particularly on
the income taxes as it vowed for lower income tax rates shoulder by working
Filipinos.
o The present income tax scheme of the country is the second highest in
Southeast Asia and the current law on income taxes were outdated as they
were drafted two decades ago.
o The proposed tax reform also seek to limit VAT exemptions and increase
excise taxes on petroleum products and automobiles.
o I hoped that reforms in the country’s tax policy will result in the much the
much desired economic development that will be felt even the lowest classes
in society.

Gwyneth Arabela Cañoneo