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SOCIAL, POLITICAL, ECONOMIC, AND CULTURAL ISSUES IN THE

PHILIPPINES

Learning Outcomes:
1. Distinguish nation from state;
2. Identify the elements of the state;
3. Explain the political, legal, and regulatory environments of global states.
4. Explain the impact of political risks on governments;
5. Distinguish Common Law, Civil Law and Islamic Law; and
6. Explain the principles and concepts of bribery and corruption.
***
THE FORMATION of a state is the highest expression of a political act of men conforming to promote their
common interest, advance their common interest, secure their collective rights, optimize their available
common resources, promote the common heritage, and harness their common potentials for the general
well-being of the citizens.
What is a state?
 A state is a community of persons, more or less numerous, occupying a definite territory, possessing an
organized government, and enjoying independence from external control.
 It is dwelled by people permanently occupying a fixed territory and bound by common-law habits and
customs into medium of an organized government, independent sovereignty and control over all persons
and things within its boundaries, capable of making war and peace and entering into international
relations with other communities of the globe.
Nation and State
 Under international law, state is not equivalent to nation. Nation is defined as people, or aggregation of
men, existing the form of an organized society, usually inhabiting a distinct portion of the earth,
speaking the same language, using same customs, possessing historic continuity, and disguised from
other like groups by their racial origin and characteristics and generally but not necessarily, living under
the same government and sovereignty.
 State is more of political concept while nation is racial and ethical. However. State and nation are often
used interchangeably. For example, the nations referred to in the United Nations are actually states. To
illustrate, the Arab Nation is not a state but a nation which consists of several states, such as Kingdom of
Saudi Arabia, Yemen, Qatar, Bahrain, Kuwait, Syria, Jordan, Iraq, Iran ( although their language is not
Arabic but Farsi, but their geographical location is within the Arab Nations) Oman, Lebanon , and
United Arab Emirates. On the other hand, the United States of America is a state and not a nation but it
consists of different nationalities such as Caucasians, Africans, Chinese, Filipinos, Latin Americans,
Koreans, etc.,
ELEMENTS OF STATES (People, Territory, Government and Sovereignty)
1. People
 This is the entire body of those citizens of a state who are invested with political power for political
purposes. It is necessary to the existence of the state. There can be no functionaries to govern and no
subjects to be governed without the people.
 The number should be large enough to be sufficient and small enough to be well governed. It must
be sufficient and the number to maintain and perpetuate itself.
 The casual gathering of individuals by chance, a group of bandits or a society of pirates does not
constitute people as an element of state.
2. Territory
 It is the geographical area under jurisdiction of another country or sovereign power or state.
 It must be fixed territory which the inhabitants occupy. Nomadic tribes, who travel from place to
place, may not establish a state since they are not occupying a fixed territory.
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 A state must have a territory sufficient in extent to provide the maintenance and growth.

3. Government
 Government is the totality of authorities which rule a society by prescribing and carrying out
fundamental rules which regulate the freedom of its members. It is composed of executive,
legislative, judiciary and administrators with corresponding roles in administering the affairs of
the state.
Types of Government
a. De jure or legitimate government
 This is established according to the constitution, and lawfully entitled to recognition and
supremacy and administration of nation, but which is actually cut off from power or control. It is
the government deemed lawful or deemed rightful or just, by which, nevertheless, has been
supplanted or displaced.
b. De facto or illegitimate government
 A government that maintains itself by a display of force against the will of the rightful legal
government and is successful, at least temporarily, in overturning the institutions of the rightful
government by setting its own lieu thereof.
 There are four kinds of de facto government:
1. Government by Revolutions is the government established by the inhabitants who rise
in revolt against and depose the legitimate regime.
2. Government by Secession is a government established by the inhabitants of a state who
secede therefrom overthrowing its government.
3. Government by Occupation is a government established in the course of war by
invading forces of one belligerent country in the territory of another belligerent country,
the government of which is also displaced.

4. Sovereignty
 It is the supreme, absolute and uncontrollable power by which an independent state is governed. It is a
paramount control of the constitution and the frame of the government and its administration.
 There are two kinds of sovereignty:
o Internal sovereignty is the power to control and direct the internal affairs of country such as
authority to enact, execute, and apply laws. Under international laws, internal sovereignty is not
a factor in determining whether an entity is a state.
o External sovereignty is the power of an independent state to control and direct its external affairs
such as authority to enter into treaties with other states, to wage warm, and to receive and send
diplomatic missions.

CONSTITUTION
Definition:
In its broad sense:
The term constitution refers to “that body of rules and principles in accordance with which the
powers of sovereignty are regularly exercised”. As thus defined, it covers both written and unwritten
constitutions.

With particular reference to the Constitution of the Philippines:

Defined as that written instrument by which the fundamental powers of the government are
established, limited and defined and by which these powers are distributed among the several departments or
branches for their safe and useful exercise for the benefit of the people.
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KINDS OF CONSTITUTION:
1. As to their origin and history
a) Conventional or enacted
 One which is enacted by a constituent assembly or granted by a monarch to his subjects like the
constitution of Japan in 1889.

b) Cumulative or evolved
 Like the English constitution, one which is a product of growth or a long period of development
originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and
formal enactment.
2. As to their form
a) Written
 One which has been given definite written form at a particular time, usually by a specially
constituted authority called a “constitutional convention”.
b) Unwritten
 One which is entirely a product of political evolution, consisting largely a mass of customs,
usages and judicial decisions together with a smaller body of statutory enactments of
fundamental character, usually bearing different dates.
NOTE!
 The English Constitution is unwritten only in the sense that it is not codified in a single
document. Part of it is written – the Acts of Parliament and judicial decisions. Indeed there is no
constitution that is entirely written or unwritten.
3. As to manner of amending them:
a) Rigid or inelastic
 One regarded as a document of special sanctity which cannot be amended or altered except by
some special machinery more cumbrous than the ordinary legislative process.

b) Flexible or inelastic
 One which possesses no higher legal authority than ordinary laws and which may be altered in
the same way as other laws.
Note:
The Philippine Constitution may be classified as:
 Conventional or enacted
 Written
 Rigid or inelastic.

EVOLUTION OF THE PHILIPPINE CONSTITUTION

The Constitution of the Philippines, is the supreme law of the Republic of the Philippines, has been in
effect since 1987.

Three (3) constitutions that effectively govern the Philippines:

1. 1935 Commonwealth Constitution
2. 1973 Constitution
3. 1986 Freedom Constitution
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Earlier Constitutions attempted by Filipinos to break the colonial yoke:

1. 1897: Constitution of Biak-na-Bato
2. 1899: Malolos Constitution

1897: CONSTITUTION OF BIAK-NA-BATO

Background:
 Pres. Emilio Aguinaldo and his men headed to Bulacan.
 June 24, 1897
o they arrived at Biak-na-bato, San Miguel de Mayumo, Bulacan.

from this area, Aguinaldo and his men joined the troops of Gen. Mariano Llanera of Nueva Ecija in
assaulting Spaniards stationed in central Luzon provinces.
 November 1, 1897
1. The revolutionary leaders met and adopted a constitution

TITLE: Provisional Constitution

of the Philippine Republic

2. It is intended to be effective for 2 years.

 AIMS OF THE REVOLUTION:

1. Separation of the Philippines from Spanish Monarchy;
2. Formation of an independent State.

Isabelo Artacho
Felix Ferrer wrote the Provisional Constitution is Spanish

Translated in Tagalog by:

Francisco Macabulos y Soliman in Hongkong on May 12, 1898.

The said Constitution was based on:

Cuban Constitution know as, Jimaguayu Constitution

 Same day (November 1, 1897)

1. Biak-na-Bato Republic was inaugurated.

 Officials:
1. Emilio Aguinaldo- President
2. Mariano Trias- Vice President
3. Isabelo Artacho- Secretary of the Interior
4. Antonio Montenegro- Sec of Foreign Affairs
5. Baldomero Aguinaldo- Sec. of Treasury
6. Emiliano Reigo de Dios- Sec. of War

 Governor Deneral Primo de Rivera

1. Sent Pedro Paterno to Biak-na-Bato for peaceful negotiations with revolutionaries.
2. It began in August, and was concluded on Decwember 15, 1897.
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 Agreement
1. Known as “Pact of Biak-na-Bato”
2. It resulted to voluntary exile of Aguinaldo and his men to Hongkong.

 Pact of Biak-na-Bato consisted of three (3) documents:

1. 1 and 2 was signed on December 14, 1897
2. 3rd was signed on December 15, 1897

 Three (3) Documents:

1. Called “program”
 Provided that Gov.Gen. Primo de Rivera would:
 Pay P800,000.00 to those who rose arms, and;
 Let Aguinaldo and his men to retire in voluntary exile to Hongkong.
2. “Act of Agreement”
 Reiterated the granting of:
 Amnesty to those who would lay down their arms, and;
 Privilege to move freely in the Philippines and abroad.
3. Discussed the questions of indemnity
 Wherein
 Spain would pay a total of 1.7M
o 800k to be paid to those who would lay down their arms as mentioned in
the first document;
o 900k would be distributed among civilians as indemnity for damages
created by war.
 December 25, 1897
 Aguinaldo with Pedro Paterno and others went to Lingayen, Pangasinan, where the
Spanish merchant steamer was to take them to Hongkong.
 December 27, 1897
 Aguinaldo and others sailed to Hongkong on board the steamer named “Uranus”.
 It is in compliance with the Pact.
 January 23, 1898
 Spanish government announced the END of hostilities.
 2 days later
 It proclaimed amnesty
 Gave part o9f the promised money to the rebels in Hongkong.
 HOWEVER, neither side fully complied with the terms of the agreement.
 Spanish Government never instituted the expected reforms.
 Filipinos continued their plan to overthrow the government.

 Aguinaldo went to exile in Hong Kong BUT, did not end the fight to win independence from Spain.
 Aguinaldo just signed the pact, so that Filipinos could rest and regain their lost strength
and then, return to combat with renewed vigor.

 GOVERNMENT ORGAN (under the Constitution)

1. Supreme Council
 Vested the power of the Republic
 Headed by:
 President
 Four (4) Department Secretaries
o Interior
o Foreign Affairs
o Treasury
o War
2. Consejo Supremo de Gracia y Justicia (Supreme Council of Grace and Justice)
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3. Assemblea de Representates (Assembly of Representatives)

 Which was to be convened after the revolution to:
 Create a new constitution;
 To elect a new council of the government and representatives of the people
NOTE:
The Constitution of Biak-na-bato was never fully implemented since a truce; the pact of Biak-na-Bato
was signed between the Spanish and the Philippine Revolutionary Army.

1899: MALOLOS CONSTITUTION

 June 12, 1898
 Gen. Emilio Aguinaldo proclaimed the independence of the Philippines in Kawit, Cavite after
333 years of Spanish Domination.
 The sun and stars flag was officially unfurled on the balcony of Aguinaldo’s Mansion as the
“Philippine National March” was played.
Apolinario Mabini  became the adviser of Aguinaldo after the proclamation of Philippine Independence.

 June 18, 1898

 By a decree, President Aguinaldo organized the Municipal and Provincial governments.
 Aguinaldo directed the town chiefs in all provinces to elect members to congress.
o Note: they were advised to elect those noted for their:
 Education, and;
 Social position

 August 1, 1898
 First convention of Municipal Presidents was held in Bacoor, Cavite.
While Aguinaldo was laying down the foundations of the independent government, troops were coming
from the U.S. to reinforce Dewey’s forces.
 By the end of July 1898
 Nearly 12,000 American troops under the overall command of Major Gen. Wesly Meritt had
arrived from San Francisco, USA.
Malolos Republic
 August 22, 1898
 Uncertain about the outcome of the forthcoming peace conferred in Paris, Aguinaldo ordered the
transfer of the governments’ seat of power from Bacoor, Cavite to Malolos Bulacan.
 Aguinaldo refused to acknowledge American control in the country. He had been preparing the
foundation of a REPUBLICAN STATE.
 September 15, 1898
 Revolutionary congress was inaugurated at the Barasoain Church in Malolos.
 Aguinaldo urged the delegates to promulgate a CONSTITUTION.
 A constitution that would:
 Be the most glorious expression of the noble aspirations of the Filipino.
 A proof that the Filipinos already had the capacity to govern.
 The Congress adopted Parliamentary rules of Spanish Cortes.
 In the afternoon, Congress elected the following officers.
 President: Pedro Paterno
 Vice President: Benito Legarda
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 Secretaries: Gregorio Araneta

: Pablo Tecson
: Pablo Ocampo
 A total of 93 Representatives took part in the Congress. 35 of them were directly elected.
 Delagates wished to:
 Enact a constitution
 Establish a permanent government for the country.
HOWEVER, Mabini argued:
 That the congress was a mere “consultative body”. It possessed NO LEGISLATIVE POWERS.
 That it was essential for all powers to be vested in ONE person/entity to ensure swift action.
Felipe Calderon
 Contended that it was necessary to show that the Philippines was duly constituted as a State in
order to strengthen its claim to recognize its sovereign status,
 Aguinaldo upheld Calderon’s view.
Committee to draft the Consitution
 Has 19 members
 Chairman: Felipe Calderon
 The committee studied drafts submitted.
Drafts:
1. Mabini plan
 “Constitutional Programme of the Philippine Republic”

2. Paterno Plan
 Based on Spanish Constitution of 1868.

3. Calderon Plan
 Constitution based on the Constitutions of France, Belgium, Mexico, Costa Rica, Guatemala, Nicaragua,
and Brazil.

 The committee chose Calderon’s Plan and submitted it to the Malolos Congress for approval.
 Discussions on the draft Constitution lasted until November 29, 1898.
 Ariticle 5, Title III  the most debatable. It is because; it is about Religion and separation of
Church and State.
 Tomas del Rosario  spoke in favor of separation of Church and State.
 Calderon  he is in contrary position. He wanted to make Catholicism as the state
religion.
 Result: TIE
 2ND Voting: Separation of church and State WON.
 Won by 1 vote of Secretary Pablo Tecson.
 The Draft Constitution provided for:
 Executive;
 Legislative; and the three main branches of the Government
 Judicial branch
with
 Permanent Commission  acting as a legislative body when Assembly is not in session.

 January 21, 1899

 President Aguinaldo proclaimed the Malolos Constitution as the law of the land.
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 January 23, 1899

 First Philippine Republic was inaugurated.
Form of Government (Title III, Article 4)
A
 Legislative
 Vested in the Assembly of Representatives.
 Term: four (4) years.

 Secretaries of the government  were given seats in the Assembly of Representatives which
meet annually for a period of at least 3 months.

 Bills  could be introduced either by:

 President;
 Member of the Assembly
 Legislative body which is the Assembly is also given powers NOT legislative in nature:
 Right to select its own officers;
 Right of censure and interpellation;
 Right to impeach the:
 President
 Cabinet members
 Chief Justice of the Supreme Court
 Solicitor General
 Executive
 Power is vested to the President.
 President
 Is elected by the Constituent Assembly of the Assembly of Representatives and special
representatives.
 Term: four (4) years. NO re-election
 NO Vice President
 In case of vacancy
 President was to be selected by the Constituent Assembly.
 Judiciary

NOTE:
 1899 Malolos Constitution was NEVER fully enforced due to the ongoing war.
 Philippines was effectively a territory of the U.S. upon the signing of the Tresty of Paris which was
signed on December 10, 1898.

1935: THE COMMONWEALTH CONSTITUTION

 After the Treaty of Paris, the Philippines was subject to the power of the U.S.A.
 From 1898-1901 the Philippines would be placed under a Military government until a civil government
would be into place.
 Two (2) Acts of the US congress that may be considered to have qualities of Consitutionality:
1. Philippine Organic Act of 1902
2. Philippine Autonomy Act of 1916

Philippine Organic Act of 1902

 The first organic law for the Philippine Islands that provided for the creation of popularity elected
Philippine Assembly.
 The act specified that legislative power would be vested in a bicameral legislature.
 Bicameral Legislature is composed of:
o Philippine Commission (upper house)
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o Philippine Assembly (lower House)

 Key provisions of the Act included:
o Bill of rights for Filipinos
o Appointment if two (2) non-voting Filipino Resident Commissioners of the Philippines as
representative to the US House of Representatives.

Philippine Autonomy Act of 1916

 Commonly referred to as “Jones Law”
 It modified the structure of the Philippine Government through the removal of the Philippine
Commission, replacing it with a SENATE.
 Senate:
o Served as the Upper House;
o Members are elected by Filipino voters;
o First truly elected national legislature.
 It was also this act that explicitly declared purpose of the U.S. to end their sovereignty over the
Philippines and recognize Philippine Independence as soon as a stable government can be established.

Hare-Hawes-Cutting Act
 Hare-Hawes-Cutting act was passed by the U.S. Congress through the efforts of the Filipino
Independence Mission led by Sergio Osmeña and Manuel Roxas.
 HHC act was passed with the promise of granting Filipinos independence after 12 years BUT reserving
military and naval bases for the US.
 Also included in this controversial measure:
o Control of currency system and conduct of foreign affairs by the US president.
o American goods were also allowed free entry into the Philippines.
o The bill also directed the US to retain land for military and other reservations.
 The bills was opposed by then President Manuel L. Quezon and consequently rejected by the
Philippine Senate.

 November 1933
 Quezon led the 12th Mission to Washington to secure a better independence act.
 A new independence measure called Tydings-McDuffie Law was passed and signed by President
Franklin D. Roosevelt on March 24, 1934.

Tydings-McDuffie Law
 It closely resembled the Hare-Hawes-Cutting Act.
 The law was accepted by the Philippine Legislature.
 It provided for a 10 year transition period under the Commonwealth of the Philippines, preparatory to
granting of absolute independence on July 4, 1946.
 Also included in the provisions are:
o Annual quota of 50 Filipino immigrants to America;
o Control of currency, coinage, foreign trade, and foreing relations by America;
o Representation of one Filipino resident commissioner in America and an American High
Commissioner in the Philippines.
 The Tydings-McDuffie Law authorized the Philippine Legislature to call a constitutional convention to
draft the constitution for the Philippines.
o It also required that the Constitution be approved by the American President and ratified by the
People in the Plebiscite.
o The members of the convention were elected and held their first meeting on 30 July 1934 with
Claro M. Recto unanimously elected as President.

 The Commonwealth Constitution created the Commonwealth of the Philippines, an administrative

body that governed the Philippines from 1935-1946.
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 It is a transitional administration to prepare the country toward its full achievement of independence.
 It originally provided for a unicameral National Assembly with a President and Vice President elected
to a six (6) year term without re-election.
 It was amended in 1940:
o to have a bicameral Congress composed of a Senate and a House of Representatives;
o To create an independent electoral commission;
o Limited the term of office of the President and Vice President to four (4) years with one re-
election.
o Right of suffrage were originally afforded to male citizens of the Philippines who are 21 years
of age or over and are able to read and write; this was later on extended to women within two
(2) years after the adoption of the constitution.
 While dominant influence in the constitution was American, it also bears traces of the Malolos
Constitution, the German, Spanish, and Mexican constitutions, constitutions of several South American
countries, and the unwritten English Constitution.
 The draft of the Constitution was approved by the constitutional convention on 8 February 1935, and
ratified by then U.S. Pres. Fanklin B. Roosevelt on 25 March 1935.
 Elections were held in September 1935 and Manuel L. Quezon was elected President of the
Commonwealth.
 The Commonwealth was briefly interrupted by the events of the World War II, with the Japanese
occupying the Philippines. Afterward, upon liberation, the Philippines was declared an independent
republic on 4 July 1946.

1973: CONSTITUTIONAL AUTHORITARIANISM

 In 1965, Ferdinand E. Marcos was elected President.

 In 1967, Philippine Congress passed a resolution calling a constitutional convention to change the 1935
constitution.
 Marcos won the re-election in 1969, in a bid boosted by campaign overspending the use of government
funds.
 Elections of the delegates to the constitutional convention were held 20 November 1970, and the
convention began formally on 1 June 1971, with former President Carlos P. Garcia being elected as
convention President. Unfortunately, he died, and was succeeded by another former President, Diosdado
Macapagal.
 Before the convention finished its work, Martial Law was declared. Marcos cited a growing communist
insurgency as reason for the Martial law, which was provided for in the 1935 Constitution.
 Some delegates of the ongoing constitutional convention were placed behind bars and others went into
hiding or were voluntarily exiled.
 With Marcos as dictator, the direction of the convention turned, with accounts that the president himself
dictated some provisions of the constitution, manipulating the document to be able to hold on to power
for as long as he could.
 On November 29, 1972, the convention approved its proposed constitution.
 The Constitution was supposed to introduce a parliamentary-style government, were legislative power
was vested in a unicameral National Assembly, with members being elected to a six year term.
 The President was to be elected as the symbolic and ceremonial head of state chosen from the members
of the National Assembly.
 The President would serve a six (6) year term and could be re-elected to an unlimited number of
terms.
 The executive power was delegated to the Prime Minister, who was also the head of the government and
Commander-in-Chief of the Armed Forces who was also to be elected from the National Assembly.
 Pres. Marcos issued P.D. No. 73 setting the date of the plebiscite to ratify or reject the constitution on
November 30, 1973. This plebiscite was postponed later on since Marcos feared that the public might
vote to reject the constitution.
 Instead of a plebiscite, Citizen Assemblies were held from 10-15 January 1973, where the citizens
coming together and voting by hand, decided on whether to ratify the constitution, suspend the
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convening of the Interim National Assembly, continue Martial Law, or place a moratorium on elections
for a period at least several years.
 The President, on January 17, 1973, issued a proclamation announcing that the proposed constitution
had been ratified by an overwhelming vote of the highly irregular Citizen Assemblies.
 The constitution was amended several times.
 In 1976, citizen Assemblies, once again, decided to allow the continuation of Martial Law, as well as
approved the amendments:
o An Interim Batasang Pambansa to substitute for the Interim National Assembly;
o The president will also become the Prime Minister and continue to exercise legislative powers
until Martial Law was lifted and authorize the President to legislate on his own on an emergency
basis.
 In 1980, the retirement age of members of the Judiciary was extended to 70 years.
 In 1981, the parliamentary system was formally modified to a French style semi-presidential system
where executive power is restored to the President, who was, once again, to be directly elected; an
Executive Committee was to be created, composed of the Prime Minister and 14 others, that served as
the President’s Cabinet; and some electoral reforms was instituted.
 In 1984, the Executive Committee was abolished and the position of the Vice President was restored.
 In 1986, People Power Revolution happened.

1987: CONSTITUTION AFTER MARTIAL LAW

 President Corazon Aquino’s government had three (3) options regarding the constitution;
o Revert to the 1935 Commonwealth Constitution;
o Retain the 1973 Constitution and be granted the power to make reforms;
o Start anew and break the “vestiges of a disgraced dictatorship.”
 They decide to make a new Constitution.
 In March 1986, President Aquino proclaimed a transitional constitution to last for a year while a
Constitutional Commission drafted a permanent constitution. This transitional constitution, called the
Freedom Constitution, manifested many provisions of the old one.
 The new Constitution was officially adopted on February 2, 1987.
o The Constitution begins with a preamble and 18 self-contained articles. It established the
Philippines as a democratic and republican State where “sovereignty resides in the people and all
government authority emanates from them”.
o It allocated governmental powers among the executive, legislative, and judicial branches of the
government.
o The constitution also established three independent Constitutional Commissions:
 Civil Service Commission;
 Commission on Elections;
 Commission on Audit.

Branches of the Government:

1. EXECUTIVE
 Headed by the President and his Cabinet, whom he appoints.
 The President is the Head of the Sate and the Chief Executive, but his power is limited by significant
checks from the two other co-equal branches of the government, especially during times of emergency.
o In case of national emergency, the president may still declare Martial law, but no longer that a
period of 60 days. Congress, through a majority vote, can revoke this decision, or extend it for a
period that they determine.
o The Supreme Court may also review the declaration of Martial Law and decide if there were
sufficient justifying facts for the act.
 The President and the Vice President are elected at large by a direct vote, serving a single six-year term.

2. LEGISLATIVE
 Power resides in the Congress divided into two houses:
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o Senate
o House of Representatives.
 The 24 Senators are elected at large by a popular vote, and can serve no more than two-consecutive 6
year terms.
 The House is composed of district representatives representing a particular geographic area and makes
up around 80% of the total number of representatives. There are 234 legislative districts in the
Philippines that elect their representatives to serve 3 year terms.
 The 1987 Constitution created for a party-list system to provide spaces for the participation of under-
represented community sectors or groups. Party-list representative may fill up not more than 20% of the
seats in the House.

3. JUDICIARY
 Composed of a Supreme Court and lower courts as created by law.