MODULE A:

Let me ask you four simple questions and you decide for yourself:

(a) Do you appreciate the preservation of our old buildings?

(b) Do you have the intention of visiting the historical places in Cavite?

(c) Would you watch historical movies or documentaries?

(d) Have you ever been to the National Museum?

Meaning and relevance of history

Why study history? "A future with your past"

History will give you a combination of skills and insights that will help you to:

• Prepare you for work

• Enable you to participate fully in society

• Develop you as a person -John Redmond, 1893

• History is very relevant to modern life

• Many books, films, and plays are inspired by historical events

• Many people enjoy history as a hobby, as can be seen in the popularity of history books, films and
documentaries -Michael Collins Arthur Griffith

• History also helps us to understand many of the issues that affect the world today

• By broadening your knowledge of current affairs, you are developing yourself personally and preparing
yourself more fully for adult and working life

• History is unique in that it investigates how human life has changed over time

• You will develop your understanding of change through the perspectives of political, social, cultural,
economic, religious and scientific history -Michael Collins, Apollo 11

Relevance to life

• You will develop an appreciation of the society in which you live and of other societies, past and present •
You will also develop a greater awareness of your own identity and traditions
• You will learn more about the particular role of women in shaping the past -Mary Robinson Hanna Sheehy
Skeffington

Relevance to careers Employers tends to see those with a history education as:

• Independent thinkers

• Open-minded and objective

• Disciplined

• Good communicators

• Able to analyze issues and problems

• Able to put together logical arguments

Relevance to careers Historians

are regarded as having had an education that trains their minds to assemble, organize and present facts
and opinions and this is a very useful quality in many walks of life and careers … history is excellent
preparation for very many other jobs [Which? magazine, 2000] Eucharistic Congress, 1932

Communication skills

• The study of history is not just about interpreting the past but also presenting your thoughts

• History helps you to write in an organized, coherent, logical way, supporting your views with evidence

• This will help you in your other subjects, as well as in life and work later

Research skills

Your study of the past will introduce you to many different types of evidence, such as

• Maps

• Photographs

• Political cartoons

• Diary entries

• Memoirs

• Photographs

• Official records

• By exploring these types of evidence you will enhance your research skills
• You will become skilled at locating historical data from different sources, evaluating it and recording and
presenting your findings

• You will also realize the importance of looking at issues from more than one point of view

Analytical skills

• You will also develop your ability to think critically, to evaluate the usefulness of sources, to detect bias or
propaganda

Information and Communication Technology ICT skills

• History allows you to access ICT, developing skills that are relevant to life and work today

• The Internet offers a huge range of appropriate historical web sites

• Many other electronic resources also exist for the study of histories, such as CD-ROMs, library databases
and catalogs

• The use of modern digital media makes studying history very enjoyable and stimulating

" History is who we are and why we are the way we are " (David McCullough) 

In conclusion, Choosing history allows you to acquire a combination of skills and insights that will
• broaden your understanding of the world
• develop you as a person
• prepare you for a future career
• enable you to participate fully in society

Important Sources of History (Primary and Secondary

Sources)
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        The secondary source is the evidence of someone who was not present at the time of occurrence
of the event e.g., books written by historians. The secondary source is also of great historical
importance to historians. Although the secondary source is itself dependent on primary sources.

       A primary source may contain secondary information e.g., newspapers are usually considered
primary sources but the information provided by the newspaper is not all based on primary sources.
Such as certain incidents reported by the paper may be such which the correspondent saw or in he
actually took part while certain offer information may be based on official information or sources
considered reliable.

Primary Sources:
The primary sources can be classified into the following categories:

(1) Contemporary Records:

These types of primary sources are in the form of the instruction documents, stenographic and
phonographic records. The business and legal paper and autobiographies, etc. The instruction
documents may be in the form of an appointment notification, and direction from a foreign office to the
ambassador, etc. Generally, such documents have very little chance of error but it is essential to
ascertain their authenticity.
The Business and legal letters consist of the bills, journals, leases, wills, tax records which gives an
insight into the working of the firms as well as the persons. The autobiographies are a credible source of
history because they are very close to the events with which they deal and written by a person himself.
These are non-prejudicial.
(2) Confidential Reports:

The confidential reports are not intended for a general audience and are less reliable than the
contemporary sources. These types of reports are generally in the forms of military and diplomatic
dispatches, Journals, diaries or memoirs, and personal letters.

(3) Public Reports:

The public reports are meant for the general public and less reliable. There are three types of public
reports and each possesses a different degree of reliability, such as— Newspaper reports and
dispatches are more reliable which depends upon the agency from which it originated and the
newspaper in which it is published; Memoirs and autobiographies are another public reports which are
written for the public at the close of the life when the memoirs of author is fading and are, therefore, not
very reliable and the official histories of the activities of government or business house are also an
important kind of public reports. They possess incriminating material and less reliable.

(4) Government Documents:

Numerous government documents are compiled which are also a source of vita! importance to
historians such as statistics about the fiscal, census and vital matters which can be made use of by the
historians. All these reports have first-hand importance but require proper evaluation before the use.

(5) Public Opinion:

The public opinion as expressed in editorials, speeches, pamphlets, letter to the editor is another
important source available to the historian, But the authenticity of this must be corroborated by other
evidence because public opinion may not be always reliable,

(6) Folklores and Proverbs:

The folklores which reveal the stories of legendary heroes are also an important source of history. They
tell us about the aspirations, superstitions, and customs of the people among whom- the stories
developed, e.g. “Alla-Uddal” the hero Rajputana.

To make the use of these folklores the historian should not only possess a thorough knowledge of the
history of the period but also able to distinguish between the legendary and authentic elements.
Similarly, proverbs can give us an idea but scholars must have a thorough knowledge of the customs
and traditions.

Secondary Sources:
The primary sources can be of great help to the historian if he has acquired a thorough knowledge of
the background through the study of secondary sources, i.e. the works of the great and important
historians of the proposed area and period of research. On the basis of this knowledge, he can utilize
the contemporary document at a relevant places and can correct the secondary sources.
Criticism:

As the historian draws his conclusions and generalizations on the basis of these documents and facts it
is essential to check up the authenticity of the documents and facts. It is the duty of the historian to
doubt every statement until it has been critically tested. This criticism can be of two types, i.e.  External
and Internal.
 by: https://www.researchgate.net/figure/Internal-and-External-Criticism-from-Neuman-2003-
p421_fig1_279943052

(1) External Criticism:

The ‘External Criticism’ is of a less intellectual type of criticism of the documents. It includes
examinations of documents like manuscripts, books, pamphlets, maps, inscriptions, and monuments.
The problem of authenticity of document arises more in the case of manuscripts than the printed
documents because the printed document has already been authenticated by the editor.

Historian has to resort to a number of tests to determine the authenticity of a particular document in his
proposed area of research such as— ‘Authorship’ the first question while examining the authenticity of a
document is its author. Even the anonymous writings can provide us useful and important knowledge.
But the discovery of an author’s or writer’s name adds the authenticity of the information because of the
character, connections and trustworthiness of the author determine the authenticity.

Secondly, “Date of Document”, i.e. the time, place of publication of the document must be inquired to
determine the authenticity of the document. In the modern publications year and place of publication is
indicated on the book or document on the title page or backside (overleaf). However, in the old
manuscript where the data and place are absent, it can be found out from the language or from the date
of birth and death of the author.

Thirdly, the historian confronts the textual errors which may be either unintentional or deliberately
committed. Unintentional error can take place in the copies of the documents (originals are not
available). These mistakes may be caused by the scribe, typist or printer.

An intention error may creep in when the effort is made to modify, supplement or continue the original.
This problem can be overcome through textual criticism. Under this technique, the effort is made to
collect as many copies of dubious text as possible and they are compared.

If the ideas and style do not match or resemble the idea and style of the author it can be safely
assumed that they were not parts of the original manuscript and were forged by the later ones. Further’
more, the textual accuracy can be solved with the help of “sciences auxiliary” to history such as
“Paleographists” have authenticated numerous documents of the medieval period by their handwriting
and have published easily legible printed versions.

The “archaeologists” provides rich information to the historians, the “numismatists” by dating the coins,
medals and deciphering their inscriptions render valuable assistance. Fourthly, after the confirmation of
the authenticity of the sources historians confronted with the different terms used in the document.

The meaning of words often changes from generation to generation. Therefore historians must find out
the meaning and sense in which it has been used in the document. The misinterpretation of terms may
lead to a misunderstanding of historical development.

In this way, even after the historian established the authenticity of the documents and discovered the
meaning of the text his duty is not over. He is confronted with another important problem with the
credibility of the document.

(2) Internal Criticism:

While collecting the material, it must be remembered that a document contains the idea of the man who
wrote. A historian must analyze the contents of the documents with a view to determining the real
meaning. He must try to avoid the laps such as avoid the reading into meaning which author did not
mean to convey, etc., and make a sincere effort to find out the facts even if they are contrary to his set
notions and theories.

He must be able to understand the literal and real meaning of the document which is termed as
‘Positive Criticism’. It reveals us with the author’s conceptions and general notion which he represents.
On another hand, historian sometimes comes across documents which contradict each other. Hence
the need for eliminating statements and facts which are obviously wrong and false arises.

Therefore, historians have come to hold the view that all that cannot be proved must be temporarily
regarded as doubtful because of the incompetence and unreliability of the author which prevents him
from telling the truth even when he knows. To assess the correctness of the fact, the historian must
ascertain whether the author had the opportunity to know the facts as an eyewitness or not.

What was his source of information and how much time elapsed between the event and the record? But
the dependable testimony depends on a number of factors such as ability and willingness to tell the
truth, the accuracy of the report and independent corroboration. However, it may be noted that there is
a possibility that a skillful liar may deliberately create the condition, i.e. ability and willingness to tell the
truth with accuracy to establish the credibility of his statements.

Therefore, in those cases, the credibility must not be accepted without proper investigation. Moreover, if
there is an agreement between documents, we cannot draw the conclusion that the facts are definitive
but we must ensure that the facts are harmonious and prove each other are interconnected.

SITE OF THE FIRST MASS

The first-ever Christian Mass in the country on March 31, 1521, was celebrated on the island of
Limasawa, south of Leyte and not in Butuan City, so declared the National Historical Institute.

The finding was reached by the Gancayco Commission--composed of retired Supreme Court Justice
Emilio A. Gancayco as chair, lawyer Bartolome C. Fernandez and Dr. Maria Luisa T. Camagay--which
was created in May 1996 by the NHI to ''resolve a very sensitive historical issue facing our country and
our people.''

''It is the . . . view of the panel that, upon a preponderance of evidence culled from the primary sources,
the first-ever Christian Mass on Philippine soil on March 31, 1521, was celebrated on the island of
Limasawa south of Leyte,'' concluded the commission in its 24-page decision.

In its conclusion, the commission said ''the panel closes the presentation confident that any and all
lingering doubts regarding such historical detail are now put to rest. Paraphrasing what the Bible
proclaims, the truth about a bygone era in Philippine history shall set us free.''

The Gancayo Commission submitted its findings to Samuel K. Tan, chair and executive director of the
NHI on March 20, 1998. But this finding was only formally turned over to Limasawa officials on March
31, during the 478th anniversary of the First Mass.

It was a poignant event for the spectators of the celebration when Violeta Barcelona Omega, director of
the Don Jose Ecleo Memorial Foundation College of Science and Technology in Surigao del Norte,
handed over the original NHI decision given to her by Tan to Limasawa Mayor Albert Esclamado.

Tan also formally announces through a press statement that he has adopted the finding reached by the
Gancayo Commission, to put to a close the Limasawa-Butuan controversy.

Findings
The commission concluded that the First Mass was held in Limasawa after it found that:

l The most complete and reliable account of the Magellan expedition into Philippine shores in 1521 is
that of Antonio Pigafetta which is deemed as the only credible primary source of reports on the
celebration of the first Christian Mass on Philippine soil.

l James Robertson's English translation of the original Italian manuscript of Pigaffeta's account is most
reliable for being ''faithful'' to the original text as duly certified by the University of the Philippines'
Department of European Language.

l Pigafetta's Mazaua, the site of the first Christian Mass held on Philippine soil, is an island lying off the
southwestern tip of Leyte while Masao in Butuan is not an island but a barangay of Butuan City located
in a delta of the Agusan River along the coast of Northern Mindanao. The position of Mazaua, as plotted
by Pigafetta, matched that of Limasawa.

l The measurement of distances between Homonhon and Limasawa between Limasawa and Cebu, as
computed by the pro-Limasawa group, matches or approximates the delineations made by Pigafetta of
the distances between Homonhon and Mazaua and between Mazaua and Cebu.

l Magellan's fleet took a route from Homonhon to Mazaua and from Mazaua to Cebu that did not at any
time touch Butuan or any other part of Mindanao. The docking facilities at Limasawa did not pose any
problem for Magellan's fleet which anchored near or at some safe distance from the island of the
eastern shore.

To the Gancayco Commission, ''History is both a useful and fascinating subject. As one travels through
time, one is bound to find it rich in stories. Every kind of testimony is drawn upon from eyewitness
accounts to statistical tables. Personal records, such as diaries, can certainly tell more than the official
documents.

''One of the great delights of time travel is encountering the unfamiliar for that is what brings history to
life. We use history, not to tell us what happened or to explain the past, but make the past alive so that it
can explain to us and make a future possible,'' the commission said, quoting from Allan Bloom's The
Closing of the American Mind.

In writing an end to the controversy, the commission said it proceeded with utmost care.

It said that the conclusion was made to enlighten the current generation and remove all confusion about
where the First Mass was held in the Philippines.

Paraphrasing Adlai Stevenson's, ''We can chart our future clearly and wisely when we know the path
that has led to the present,'' the panel said: ''The path is now conclusively established to have begun at
the island of Limasawa where the first-ever Christian Mass on Philippine soil was offered on March 31,
1521, by Ferdinand Magellan and his men.''

The controversy
As recounted by Pigafetta in his chronicle of Magellan's expedition to the Philippine islands starting
March 16, 1521, the first Christian Mass celebrated on Philippine soil was made on an island which he
called ''Mazaua.''

The precise identity and location of this venue of the First Mass became the subject of writings of
historians and scholars whose differing interpretations of Pigafetta's account would eventually spawn
lead to a controversy.

For three centuries, it was the prevailing belief that Pigafetta's Mazaua was a place called Masao near
Butuan City in Northern Mindanao. The Butuan belief persisted from the 17th to the 19th century.

Limasawa was identified as the most likely venue in 1894 with the publication of a manuscript of
Pigafetta's account of Magellan's voyage--the Ambrosian codex in Milan--in its Italian text.

This work written by Pigafetta was made available to scholars including American James Alexander
Robertson who translated into English the original text with the help of Emma Blair. The translation was
incorporated in Robertson's ''The Philippine Islands.''

According to Fr. Miguel A. Bernal, SJ, an author, the only versions of Pigafetta's account available to
previous scholars were ''summaries and garbled translations.''

To understand why Pigafetta's original text was not available to past scholars, Fr. Peter Schreurs,
M.S.C., Ph.D., parish priest of Magallanes town where Butuan's Mazaua is located, said the manuscript
given to Charles V was never published and was considered lost.

Fr. Schreurs in his book ''The Search for Pigafetta's Mazaua,'' said the other copy of the book was given
to the mother of the King of France.

The said book was mentioned in various reports between 1526 and 1534 when an abridged French
version was produced and translated into Italian. This was later used by authors and cartographers.

But the controversy did not stop there. In 1995, the Masao group through Butuan Rep. Charito Plaza,
initiated the filing of a bill, to ''Declare the site of Masao, Butuan City, as the place where the first Easter
Mass in the Philippines was held.'' The bill was not acted upon.

The bill, which aggravated the controversy, was obviously an attempt to repeal Republic Act 2733, a law
enacted in 1960, ''declaring the site in Magallanes, Limasawa island in the province of Leyte, where the
First Mass in the Philippines was held as a national shrine.''

It was in 1971 when residents and visitors saw the grandeur of the First Mass celebration prepared by
former President Ferdinand Marcos and his wife, Imelda, who is from Leyte. The celebration was the
450th anniversary.

Pedencio Olojan, 90, said he could not remember any activities at all related to the First Mass.
But he recalled that when he was 18 years old he was digging for treasure with several other treasure
hunters. He failed to find any treasure but a friend sold him an artifact for P100. That was 81 years ago.
Some of the treasures which his friend dug up are now in a museum in Butuan City.

Deafening silence
With the wealthy Plaza clan backing the Masao claim, Southern Leyte could only answer with a
deafening silence.

Lawyer Joaquin Chung Jr., whose research on the First Mass brought him to Europe, blamed the past
political leaders of Southern Leyte for not taking up the cause of Limasawa while Plaza lambasted the
Limasawa claim in the halls of Congress.

Southern Leyte then belonged to Club 20, the term coined for the country's 20 poorest provinces.

But former Rep. Roger Mercado and Gov. Oscar Tan stood up for Limasawa in 1996 when they
prepared a feast to mark the 475th anniversary of the First Mass. Frantic preparations were made to
usher in VIP visitors and dignitaries who were expected to attend the jubilee celebration.

In the end, it was only Rhett Pelaez, then-presidential assistant for the Visayas, who came. Pelaez then
declared: ''It is immaterial whether the site of the First Mass was in Masao or Limasawa, what matters is
we are here celebrating.''

Victory day
But on March 31, Limasawa Island saw the arrival not only of mainland Leyte residents but also of
foreign dignitaries, led by Enrique Michel, the Mexican ambassador to the Philippines, to celebrate
Limasawa's ''victory.''

The 478th anniversary was a feast as the province and Limasawa were celebrating not only the
decision of NHI but also the donation made by Rev. Vicente Dayagbil Sr., bishop of the Philippine
Independent Church, of the lot where the First Mass Shrine now sits.

Leyteños also celebrated the restoration of the shrine's chapel, courtesy of the Maasin Knight of
Columbus and the pledges made by the governments of Spain and Portugal to help finance the
construction of a 50-foot monument of the Risen Christ at the highest point of the island to
commemorate the First Mass and the first recorded meeting between Eastern and Western cultures.

For Gov. Rosette Yñiguez-Lerias, the 478th celebration was also the start of the social, educational and
economic exchanges of East and West.  (http://firstcircumnavigator.tripod.com/limasawa.htm)

THE TWO FACES OF THE 1872 CAVITE MUTINY

By Chris Antonette Piedad-Pugay
   

The 12th of June of every year since 1898 is a very important event for all the Filipinos. 
On this particular day, the entire Filipino nation, as well as Filipino communities all over the
world, gathers to celebrate the Philippines’ Independence Day.  1898 came to be a very
significant year for all of us— it is as equally important as 1896—the year when the
Philippine Revolution broke out owing to the Filipinos’ desire to be free from the abuses of
the Spanish colonial regime.  But we should be reminded that another year is as historic as
the two—1872.
       Two major events happened in 1872, first was the 1872 Cavite Mutiny and the other
was the martyrdom of the three martyr priests in the persons of Fathers Mariano Gomes,
Jose Burgos and Jacinto Zamora (GOMBURZA).  However, not all of us knew that there
were different accounts in reference to the said event.  All Filipinos must know the different
sides of the story—since this event led to another tragic yet meaningful part of our history
—the execution of GOMBURZA which in effect a major factor in the awakening of
nationalism among the Filipinos.
1872 Cavite Mutiny: Spanish Perspective
       Jose Montero y Vidal, a prolific Spanish historian documented the event and
highlighted it as an attempt of the Indios to overthrow the Spanish government in the
Philippines. Meanwhile, Gov. Gen. Rafael Izquierdo’s official report magnified the event
and made use of it to implicate the native clergy, which was then active in the call for
secularization.  The two accounts complemented and corroborated with one other, only
that the general’s report was more spiteful. Initially, both Montero and Izquierdo scored out
that the abolition of privileges enjoyed by the workers of Cavite arsenal such as non-
payment of tributes and exemption from forced labor were the main reasons of the
“revolution” as how they called it, however, other causes were enumerated by them
including the Spanish Revolution which overthrew the secular throne, dirty propagandas
proliferated by unrestrained press, democratic, liberal and republican books and pamphlets
reaching the Philippines, and most importantly, the presence of the native clergy who out
of animosity against the Spanish friars, “conspired and supported” the rebels and enemies
of Spain.  In particular, Izquierdo blamed the unruly Spanish Press for “stockpiling”
malicious propagandas grasped by the Filipinos.  He reported to the King of Spain that the
“rebels” wanted to overthrow the Spanish government to install a new “hari” in the likes of
Fathers Burgos and Zamora.  The general even added that the native clergy enticed other
participants by giving them the charismatic assurance that their fight will not fail because
God is with them coupled with handsome promises of rewards such as employment,
wealth, and ranks in the army.  Izquierdo, in his report, lambasted the Indios as gullible and
possessed an innate propensity for stealing.
       The two Spaniards deemed that the event of 1872 was planned earlier and was
thought of it as a big conspiracy among educated leaders, mestizos, abogadillos or native
lawyers, residents of Manila and Cavite and the native clergy.  They insinuated that the
conspirators of Manila and Cavite planned to liquidate high-ranking Spanish officers to be
followed by the massacre of the friars.  The alleged pre-concerted signal among the
conspirators of Manila and Cavite was the firing of rockets from the walls of Intramuros.
     According to the accounts of the two, on 20 January 1872, the district of Sampaloc
celebrated the feast of the Virgin of Loreto, unfortunately, participants to the feast
celebrated the occasion with the usual fireworks displays.  Allegedly, those in Cavite
mistook the fireworks as the sign for the attack, and just like what was agreed upon, the
200-men contingent headed by Sergeant Lamadrid launched an attack targeting Spanish
officers at sight and seized the arsenal.
       When the news reached the iron-fisted Gov. Izquierdo, he readily ordered the
reinforcement of the Spanish forces in Cavite to quell the revolt.  The “revolution” was
easily crushed when the expected reinforcement from Manila did not come ashore.  Major
instigators including Sergeant Lamadrid were killed in the skirmish, while the GOMBURZA
were tried by a court-martial and were sentenced to die by strangulation.  Patriots like
Joaquin Pardo de Tavera, Antonio Ma. Regidor, Jose and Pio Basa and other abogadillos
were suspended by the Audencia (High Court) from the practice of law, arrested and were
sentenced with life imprisonment at the Marianas Island.  Furthermore, Gov. Izquierdo
dissolved the native regiments of artillery and ordered the creation of artillery force to be
composed exclusively of the Peninsulares.
        On 17 February 1872 in an attempt by the Spanish government and Frailocracia to
instill fear among the Filipinos so that they may never commit such daring act again, the
GOMBURZA were executed.  This event was tragic but served as one of the moving
forces that shaped Filipino nationalism.
A Response to Injustice: The Filipino Version of the Incident
        Dr. Trinidad Hermenigildo Pardo de Tavera, a Filipino scholar, and researcher, wrote
the Filipino version of the bloody incident in Cavite.  In his point of view, the incident was a
mere mutiny by the native Filipino soldiers and laborers of the Cavite arsenal who turned
out to be dissatisfied with the abolition of their privileges.  Indirectly, Tavera blamed Gov.
Izquierdo’s cold-blooded policies such as the abolition of privileges of the workers and
native army members of the arsenal and the prohibition of the founding of the school of
arts and trades for the Filipinos, which the general believed as a cover-up for the
organization of a political club.
       On 20 January 1872, about 200 men comprised of soldiers, laborers of the arsenal,
and residents of Cavite headed by Sergeant Lamadrid rose in arms and assassinated the
commanding officer and Spanish officers insight.  The insurgents were expecting support
from the bulk of the army unfortunately, that didn’t happen.  The news about the mutiny
reached authorities in Manila and Gen. Izquierdo immediately ordered the reinforcement of
Spanish troops in Cavite.  After two days, the mutiny was officially declared subdued.
      Tavera believed that the Spanish friars and Izquierdo used the Cavite Mutiny as a
powerful lever by magnifying it as a full-blown conspiracy involving not only the native army
but also included residents of Cavite and Manila, and more importantly the native clergy to
overthrow the Spanish government in the Philippines.  It is noteworthy that during the time,
the Central Government in Madrid announced its intention to deprive the friars of all the
powers of intervention in matters of civil government and the direction and management of
educational institutions.  This turnout of events was believed by Tavera, prompted the
friars to do something drastic in their desire to maintain power in the Philippines.
       Meanwhile, in the intention of installing reforms, the Central Government of Spain
welcomed an educational decree authored by Segismundo Moret promoted the fusion of
sectarian schools run by the friars into a school called the Philippine Institute.  The decree
proposed to improve the standard of education in the Philippines by requiring teaching
positions in such schools to be filled by competitive examinations. This improvement was
warmly received by most Filipinos in spite of the native clergy’s zest for secularization.
       The friars, fearing that their influence in the Philippines would be a thing of the past,
took advantage of the incident and presented it to the Spanish Government as a vast
conspiracy organized throughout the archipelago with the object of destroying Spanish
sovereignty. Tavera sadly confirmed that the Madrid government came to believe that the
scheme was true without any attempt to investigate the real facts or extent of the alleged
“revolution” reported by Izquierdo and the friars.
       Convicted educated men who participated in the mutiny were sentenced life
imprisonment while members of the native clergy headed by the GOMBURZA were tried
and executed by garrote.  This episode leads to the awakening of nationalism and
eventually to the outbreak of the Philippine Revolution of 1896.  The French writer Edmund
Plauchut’s account complimented Tavera’s account by confirming that the event happened
due to discontentment of the arsenal workers and soldiers in Cavite fort.  The Frenchman,
however, dwelt more on the execution of the three martyr priests which he actually
witnessed.
Unraveling the Truth
       Considering the four accounts of the 1872 Mutiny, there were some basic facts that
remained to be unvarying: First, there was dissatisfaction among the workers of the
arsenal as well as the members of the native army after their privileges were drawn back
by Gen. Izquierdo; Second, Gen. Izquierdo introduced rigid and strict policies that made
the Filipinos move and turn away from Spanish government out of disgust; Third, the
Central Government failed to conduct an investigation on what truly transpired but relied on
reports of Izquierdo and the friars and the opinion of the public; Fourth, the happy days of
the friars were already numbered in 1872 when the Central Government in Spain decided
to deprive them of the power to intervene in government affairs as well as in the direction
and management of schools prompting them to commit frantic moves to extend their stay
and power; Fifth,  the Filipino clergy members actively participated in the secularization
movement in order to  allow Filipino priests to take hold of the parishes in the country
making them prey to the rage of the friars; Sixth, Filipinos during the time were active
participants, and responded to what they deemed as injustices; and Lastly, the execution
of GOMBURZA was a blunder on the part of the Spanish government, for the action
severed the ill-feelings of the Filipinos and the event inspired Filipino patriots to call for
reforms and eventually independence.  There may be different versions of the event, but
one thing is certain, the 1872 Cavite Mutiny paved way for a momentous 1898.
        The road to independence was rough and tough to toddle, many patriots named and
unnamed shed their bloods to attain reforms and achieve independence.  12 June 1898
may be a glorious event for us, but we should not forget that before we came across to
victory, our forefathers suffered enough.  As we enjoy our freedom, may we be more
historically aware of our past to have a better future ahead of us.  And just like what Elias
said in Noli me Tangere, may we “not forget those who fell during the night.”
(http://nhcp.gov.ph/the-two-faces-of-the-1872-cavite-mutiny/)

Analysis Rizal's Retraction

At least four texts of Rizal’s retraction have surfaced. The fourth text appeared in El Imparcial on the
day after Rizal’s execution; it is the short formula of the retraction. 

The first text was published in La Voz Española and Diaro de Manila on the very day of Rizal’s
execution, Dec. 30, 1896. The second text appeared in Barcelona, Spain, on February 14, 1897, in the
fortnightly magazine in La Juventud; it came from an anonymous writer who revealed himself fourteen
years later as Fr. Balaguer. The "original" text was discovered in the archdiocesan archives on May 18,
1935, after it disappeared for thirty-nine years from the afternoon of the day when Rizal was shot.

We know not that reproductions of the lost original had been made by a copyist who could imitate
Rizal’s handwriting. This fact is revealed by Fr. Balaguer himself who, in his letter to his former superior
Fr. Pio Pi in 1910, said that he had received "an exact copy of the retraction written and signed by Rizal.
The handwriting of this copy I don’t know nor do I remember whose it is. . ." He proceeded: "I even
suspect that it might have been written by Rizal himself. I am sending it to you that you may . . . verify
whether it might be of Rizal himself . . . ." Fr. Pi was not able to verify it in his sworn statement.

This "exact" copy had been received by Fr. Balaguer in the evening immediately preceding Rizal’s
execution, Rizal y su Obra, and was followed by Sr. W. Retana in his biography of Rizal, Vida y Escritos
del Jose Rizal with the addition of the names of the witnesses taken from the texts of the retraction in
the Manila newspapers. Fr. Pi’s copy of Rizal’s retraction has the same text as that of Fr. Balaguer’s
"exact" copy but follows the paragraphing of the texts of Rizal’s retraction in the Manila newspapers.

Regarding the "original" text, no one claimed to have seen it, except the publishers of La Voz Espanola.
That newspaper reported: "Still more; we have seen and read his (Rizal’s) own hand-written retraction
which he sent to our dear and venerable Archbishop…" On the other hand, Manila pharmacist F. Stahl
wrote in a letter: "besides, nobody has seen this written declaration, in spite of the fact that quite a
number of people would want to see it. "For example, not only Rizal’s family but also the
correspondents in Manila of the newspapers in Madrid, Don Manuel Alhama of El Imparcial and Sr.
Santiago Mataix of El Heraldo, were not able to see the hand-written retraction.

Neither Fr. Pi nor His Grace the Archbishop ascertained whether Rizal himself was the one who wrote
and signed the retraction. (Ascertaining the document was necessary because it was possible for one
who could imitate Rizal’s handwriting aforesaid holograph; and keeping a copy of the same for our
archives, I myself delivered it personally that the same morning to His Grace Archbishop… His Grace
testified: At once the undersigned entrusted this holograph to Rev. Thomas Gonzales Feijoo, secretary
of the Chancery." After that, the documents could not be seen by those who wanted to examine it and
was finally considered lost after efforts to look for it proved futile.

On May 18, 1935, the lost "original" document of Rizal’s retraction was discovered by the archdeocean
archivist Fr. Manuel Garcia, C.M. The discovery, instead of ending doubts about Rizal’s retraction, has,
in fact, encouraged it because the newly discovered text retraction differs significantly from the text
found in the Jesuits’ and the Archbishop’s copies. And, the fact that the texts of the retraction which
appeared in the Manila newspapers could be shown to be the exact copies of the "original" but only
imitations of it. This means that the friars who controlled the press in Manila (for example, La Voz
Española) had the "original" while the Jesuits had only the imitations.

We now proceed to show the significant differences between the "original" and the Manila newspapers
texts of the retraction on the one hand and the text s of the copies of Fr. Balaguer and F5r. Pio Pi on the
other hand.

First, instead of the words "mi cualidad" (with "u") which appear in the original and the newspaper texts,
the Jesuits’ copies have "mi calidad" (with "u").

Second, the Jesuits’ copies of the retraction omit the word "Catolica" after the first "Iglesias" which are
found in the original and the newspaper texts.

Third, the Jesuits’ copies of the retraction add before the third "Iglesias" the word "misma" which is not
found in the original and the newspaper texts of the retraction.

Fourth, with regards to paragraphing which immediately strikes the eye of the critical reader, Fr.
Balaguer’s text does not begin the second paragraph until the fifth sentence while the original and the
newspaper copies start the second paragraph immediately with the second sentences.

Fifth, whereas the texts of the retraction in the original and in the manila newspapers have only four
commas, the text of Fr. Balaguer’s copy has eleven commas.

Sixth, the most important of all, Fr. Balaguer’s copy did not have the names of the witnesses from the
texts of the newspapers in Manila.

In his notarized testimony twenty years later, Fr. Balaguer finally named the witnesses. He said
"This . . .retraction was signed together with Dr. Rizal by Señor Fresno, Chief of the Picket, and Señor
Moure, Adjutant of the Plaza." However, the proceeding quotation only proves itself to be an addition to
the original. Moreover, in his letter to Fr. Pi in 1910, Fr. Balaguer said that he had the "exact" copy of
the retraction, which was signed by Rizal, but he made no mention of the witnesses. In his accounts
too, no witnesses signed the retraction.

How did Fr. Balaguer obtain his copy of Rizal’s retraction? Fr. Balaguer never alluded to having himself
made a copy of the retraction although he claimed that the Archbishop prepared a long formula of the
retraction and Fr. Pi a short formula. In Fr. Balaguer’s earliest account, it is not yet clear whether Fr.
Balaguer was using the long formula of nor no formula in dictating to Rizal what to write. According to
Fr. Pi, in his own account of Rizal’s conversion in 1909, Fr. Balaguer dictated from Fr. Pi’s short formula
previously approved by the Archbishop. In his letter to Fr. Pi in 1910, Fr. Balaguer admitted that he
dictated to Rizal the short formula prepared by Fr. Pi; however; he contradicts himself when he revealed
that the "exact" copy came from the Archbishop. The only copy, which Fr. Balaguer wrote, is the one
that appeared ion his earliest account of Rizal’s retraction.

Where did Fr. Balaguer’s "exact" copy come from? We do not need long arguments to answer this
question, because Fr. Balaguer himself has unwittingly answered this question. He said in his letter to
Fr. Pi in 1910:

"…I preserved in my keeping and am sending to you the original texts of the two formulas of retraction,
which they (You) gave me; that from you and that of the Archbishop, and the first with the changes
which they (that is, you) made; and the other the exact copy of the retraction written and signed by
Rizal. The handwriting of this copy I don’t know nor do I remember whose it is, and I even suspect that it
might have been written by Rizal himself."

In his own words quoted above, Fr. Balaguer said that he received two original texts of the retraction.
The first, which came from Fr. Pi, contained "the changes which You (Fr. Pi) made"; the other, which is
"that of the Archbishop" was "the exact copy of the retraction written and signed by Rizal" (underscoring
supplied). Fr. Balaguer said that the "exact copy" was "written and signed by Rizal" but he did not say
"written and signed by Rizal and himself" (the absence of the reflexive pronoun "himself" could mean
that another person-the copyist-did not). He only "suspected" that "Rizal himself" much as Fr. Balaguer
did "not know nor ... remember" whose handwriting it was.

Thus, according to Fr. Balaguer, the "exact copy" came from the Archbishop! He called it "exact"
because, not having seen the original himself, he was made to believe that it was the one that faithfully
reproduced the original in comparison to that of Fr. Pi in which "changes" (that is, where deviated from
the "exact" copy) had been made. Actually, the difference between that of the Archbishop (the "exact"
copy) and that of Fr. Pi (with "changes") is that the latter was "shorter" because it omitted certain
phrases found in the former so that, as Fr. Pi had fervently hoped, Rizal would sign it.

According to Fr. Pi, Rizal rejected the long formula so that Fr. Balaguer had to dictate from the short
formula of Fr. Pi. Allegedly, Rizal wrote down what was dictated to him but he insisted on adding the
phrases "in which I was born and educated" and "[Masonary]" as the enemy that is of the Church" – the
first of which Rizal would have regarded as unnecessary and the second as downright contrary to his
spirit. However, what actually would have happened, if we are to believe the fictitious account, was that
Rizal’s addition of the phrases was the restoration of the phrases found in the original which had been
omitted in Fr. Pi’s short formula.

The "exact" copy was shown to the military men guarding in Fort Santiago to convince them that Rizal
had retracted. Someone read it aloud in the hearing of Capt. Dominguez, who claimed in his "Notes’
that Rizal read aloud his retraction. However, his copy of the retraction proved him wrong because of its
text (with "u") and omits the word "Catolica" as in Fr. Balaguer’s copy but which are not the case in the
original. Capt. Dominguez never claimed to have seen the retraction: he only "heard".

The truth is that almost two years before his execution, Rizal had written a retraction in Dapitan. Very
early in 1895, Josephine Bracken came to Dapitan with her adopted father who wanted to be cured of
his blindness by Dr. Rizal; their guide was Manuela Orlac, who was an agent and a mistress of a friar.
Rizal fell in love with Josephine and wanted to marry her canonically but he was required to sign a
profession of faith and to write a retraction, which had to be approved by the Bishop of Cebu. "Spanish
law had established civil marriage in the Philippines," Prof. Craig wrote, but the local government had
not provided any way for people to avail themselves of the right..."

In order to marry Josephine, Rizal wrote with the help of a priest a form of retraction to be approved by
the Bishop of Cebu. This incident was revealed by Fr. Antonio Obach to his friend Prof. Austin Craig
who wrote down in 1912 what the priest had told him; "The document (the retraction), inclosed with the
priest’s letter, was ready for the mail when Rizal came hurrying I to reclaim it." Rizal realized (perhaps,
rather late) that he had written and given to a priest what the friars had been trying, by all means, to get
from him.

Neither the Archbishop nor Fr. Pi saw the original document of retraction. What they were saw a copy
done by one who could imitate Rizal’s handwriting while the original (almost eaten by termites) was kept
by some friars. Both the Archbishop and Fr. Pi acted innocently because they did not distinguish
between the genuine and the imitation of Rizal’s handwriting. (http://www.joserizal.ph/rt03.html)

The Philippine Revolution against over three centuries of Spanish domination

began with Andrés Bonifacio, leader of the Katipunan, a liberalist movement that
sought independence for the Philippines from Spanish colonial rule.
The Katipunan was an offshoot from José Rizal’s La Liga Filipina, a movement
that sought to bring about political reform in the colonial government of the
Spanish. Rizal had been deported just after his organization was formed with
their first meeting.
 A photoengraving of Andrés Bonifacio (1863-1897), founder of
the Katipunan, Philippine revolutionary society from February 8, 1897 issue of La Ilustración
Española y Americana, a Spanish-American weekly publication
After a few years had passed with virtually no changes in the constitution,
Bonifacio and others lost all hope of any peaceful reform being brought about by
La Liga Filipina. Abandoning the organization altogether, they concentrated their
efforts into the Katipunan to bring about a revolution with the use of violence and
arms. The organization consisted of both male and female supporters, including
Bonifacio’s wife, who led the female faction.
Bonifacio recognized the strategic importance of the city of Manila and resolved
to take control of it, convinced that once he did the residents, being fed up with
Spanish rule, would support his cause. However, this plan was foiled before it
got off the ground as a result of a conflict between two Katipuneros, one of
whom spilled the beans about the plot to the Spanish friars.
The traitor was one Mariano Gil who, along with other friars, had previously been
trying to get the Spanish Governor to take action regarding his suspicions of a
revolution.
A late 19th-century photograph of armed Filipino revolutionaries, known as the Katipuneros.1898
Without concrete proof, the Governor merely saw their suggestions as
accusations and could do nothing about it. The parish priest of Tondo reported
his findings to the owner of the Diary de Manila, the printing press where the two
Katipuneros worked, and on searching the place they found the paraphernalia
used in printing Katipunan documents and other items proving the existence of
the Katipunan, it was August 19, 1896.
A series of arrests of Katipuneros in Manila followed and several Filipinos were
jailed or imprisoned. Amongst them were some wealthy and prominent Filipinos,
some of whom were innocent.
Rizal’s execution in what was then Bagumbayan.1896
Jose Rizal was tried and executed later at the old Bagumbayan field on
December 30. With the hunt for Katipunan members still ongoing, Manila had
become a dangerous place for them. As many as five hundred arrests had been
made and many fled the city for fear of been captured, tortured or killed.

José Rizal
Bonifacio was not amongst those captured, however. He and many others had
escaped to Pugadlawin, and in a meeting at the house of Juan Ramos on 23
August 1896, Bonifacio urged his followers to tear into pieces their Cédulas
(residence certificates) as a sign of revolt against the Spanish government.
The men, highly motivated by the killings and arrest of their members in Manila,
tore up the documents and let out the cry “Long live the Philippines,” which is
known as the Cry of Pugadlawin in Philippine history.

Bonifacio Monument Photo by Mello47 CC BY SA 3.0

It was decided that all their supporters in the surrounding towns be alerted of the
impending strike on Manila which would take place on 29 August. To this effect,
Bonifacio released a manifesto on the 28th:
“This manifesto is for all of you. It is absolutely necessary for us to stop at the
earliest possible time the nameless oppression being perpetrated on the sons of
the people who are now suffering the brutal punishment and tortures in jails, and
because of this please let all the brethren know that on Saturday, the revolution
shall commence according to our agreement.
 Philippine Revolution: Flag of the Katipunan featuring the
society’s acronym KKK in white in a line in the middle of a field of red.
For this purpose, it is necessary for all towns to rise simultaneously and attack
Manila at the same time. Anybody who obstructs this sacred ideal of the people
will be considered a traitor and an enemy, except if he is ill or is not physically fit,
in which case he shall be tried according to the regulation we have put in force.”
The first battle of the Philippine Revolution took place on 30 August 1896 at San
Juan del Monte with a thousand men behind Andrés Bonifacio. On the eve of the
29th, they attacked civil guards present at San Felipe Neri, a city located east of
Manila, who on seeing the mob surrendered their weapons and were taken
captive.

El Depósito, taken in
1900.
The Katipuneros had little in the way of ammunition; generally equipped with
bolo knives, they also had a few guns with them. By the early hours of the
morning of the next day, Bonafacio’s army had been joined with two fresh
groups of Katipuneros, about four hundred in number.
After gathering the weapons obtained from two successful encounters with civil
guards, Bonifacio and his men began their attack on El Polvorin, a Spanish
depot located in San Juan del Monte where they were met by Spanish Infantry
and gunmen armed with German Mauser rifles.
Cry of Pugad Lawin Photo by Mikelaagan CC By SA 3.0
However well-armed this Spanish contingent was, they suffered the loss of two
of their soldiers, one of whom was the commander in charge. This and the
intimidating number of Katipuneros behind Bonifacio, who it seemed was always
able to evade capture, caused them to retreat to the Manila Water Works
Deposit office that was situated nearby while they awaited reinforcements.
The Kaptipuneros advanced towards the building in hopes of eliminating what
was left of the Spanish resistance and claiming victory over San Juan Del
Monte. It wasn’t long before shots of the 73 rd Jolo regiment of Spanish cavalry,
led by General Bernado Echaluce y Jauregui, struck the bodies of the Filipino
comrades, leaving over a hundred dead and two hundred captured.
Bonifacio and his army was no match for the Remington Rolling Block Rifle
wielders that swarmed the terrain. The bodies of Kaptipuneros littered the
streets, some in gutters and others on the road.
 Emilio Aguinaldo as a Field marshal during the
battle.1899
Bonifacio once again evaded capture and retreated with other survivors to the
Pasig River. Even though defeated, his actions triggered a series of rebellious
uprisings against Spanish rule around the country.
The seeds of a revolution that had been sown deep into the hearts of the
Filipinos brought about new leadership under the person of Emilio Aguinaldo in
the Cavite region, who led more successful campaigns against the Spanish.
However untrained, the revolutionaries showed real bravery and courage in their
fight for freedom. Every last Sunday of the month of August is celebrated every
year in the Philippines to mark the Cry of Pugadlawin and the birth of the
Philippine Revolution. (https://www.warhistoryonline.com/war-articles/german-
soldier-defected-to-soviets.html)
Ang Supremo
August 18 · 
Ang pagkabunyag ng Katipunan

Sa mga unang araw ng Agosto 1896, may dalawang Katipunero, sina Teodoro
Patiño at Apolonio de la Cruz, na nagtatrabaho sa imprentahan ng Diario de
Manila ang nagkaroon ng alitan ukol sa sahod. Dahil sa alitan na iyon,
naibunyag ni Patiño ang plano ng lihim na samahan ng Katipunan sa kanyang
kapatid na si Honoria na nagmamadre sa Ampunan ng Mandaluyong.

Noong hapon ng 19 Agosto 1896, nakita ng madre superiora Sor Teresa de

Jesus si Honoria na balisa kaya niya ito kinausap. Ikinuwento ni Honoria ang
lahat ng mga binunyag ng kaniyang kapatid. Noong gabi ding iyon, tinawag ni
Sor Teresa si Teodoro Patiño at minungkahi na sabihin ang lahat ng kaniyang
nalalaman ukol sa Katipunan sa pamamagitan ng pagkumpisal kay Padre
Mariano Gil. Ibinunyag ni Patiño ang kaniyang mga nalalaman ukol sa
Katipunan. Pinuntahan at hinalughog ni Padre Mariano ang imprentahan na
Diario de Manila, at natagpuan nila ang mga batong litograpo na ginamit sa pag-
imprenta ng mga resibo at ilan pang mga mahahalagang dokumento ng
Katipunan. Matapos ang pagkakatuklas na ito, agad na kumilos ang mga
Espanyol at pinagdadakip ang humigit kumulang na 500 na katao, kabilang ang
hindi mabilang na mga inosente.

The First Philippine Republic

Posted on September 7, 2012

THE FIRST PHILIPPINE REPUBLIC

       Though short-lived, the First Philippine, nonetheless catapulted the Filipino nation onto the
world’s consciousness carving not only a place among the family of nations but also a distinct niche
as the first republic in Asia.  While much of the world was oblivious to its birthing, the First
Republic proved that Filipinos were capable of self-rule and deserved their longed-for freedom after
more than 300 years of colonial bondage- a bondage shaken time and again by sporadic revolts,
whose disparateness precluded ultimate victory.

     After the failure of the reformist movement led by Rizal and Del Pilar, Andres the 1896-98
Philippine Revolution, culminated with the inauguration of the Republic on January 23, 1899 at
Barasoain Church in Malolos, Bulacan.  Though besieged and eventually thwarted by the United
States army, the Republic had earned the loyalty of the Filipino people and deserved the
recognition of foreign nations.

     When General Emilio Famy Aguinaldo returned to the country from his exile in Hong Kong in
May 1898, the truce signed between Filipino revolutionists and  Spaniards at Biak-na-Bato, San
Miguel de Mayumo, Bulacan in December 1897 had been broken in many parts of the country. 
Upon advice of Ambrosio Rianzares Bautista Aguinaldo, established a dictatorial government of the
Philippines on May 24.   Four days later, the Filipino rebels routed the Spaniards in Alapan, Cavite,
a victory celebrated by Aguinaldo with the first, albeit informal, waving of the National Flag on
Philippine soil.  The event preempted the May 31st launching of the second phase of the
revolution.  By July 1898, the Filipinos liberated the provinces of Cavite, Laguna, Batangas,
Pampanga, most of Bulacan and the suburbs surrounding Manila.

       On June 12, 1898, Aguinaldo proclaimed Philippine independence from the window of his
house in Kawit, Cavite, and waved the Philippine Flag officially for the first time to the martial
strains of the new national anthem.

       Mabini’s plan to establish a grassroots government was realized towards the latter half of June
1898.  Aguinaldo issued several important decrees reorganizing the government in the liberated
provinces: the decree of June 18 reorganized municipalities and provinces, through the election of
Popular Assemblies, whose heads the town chiefs then elected the provincial councils.  The decree
also provided for the election of delegates to the Revolutionary Congress by the town chiefs.   To
Mabini, the latter were Aguinaldo’s direct link to the masses and on August 1, 1898, these town
officials assembled at Bacoor, then the seat of the Revolutionary government, and ratified the newly
proclaimed Philippine independence.

      On June 20, Aguinaldo issued a decree organizing the judiciary, and on June 23, again upon
Mabini’s advice, major changes were promulgated and implemented: change of government from
Dictatorial to Revolutionary; change of the Executive title from Dictator to President; the
establishment of four major departments including that of foreign affairs, navy and commerce; war
and public works, police and internal order; and finance, agriculture and manufacture industries
(this was later expanded to six departments with addition of welfare and treasury departments);
the appointment of delegates to the Revolutionary Congress from the non-liberated provinces, to
ensure wider representation, and the creation of the Executive Board of the Revolutionary
Committee at Hong Kong, which served as the diplomatic and international propaganda arm of the
Republic.  Two underlying principles motivated the establishment of a revolutionary government:
to help the country achieve true independence and pave the way towards the formation of a “true
republic”.

      As Mabini envisioned it, the Revolutionary Congress created by the June 18 decree had
several aims: to promote the interest of the Filipinos through the passage of relevant laws and to
serve as the Executive’s advisory body.   On September 15 Aguinaldo formally opened the
revolutionary congress at the church of Barasoain in Malolos.  Later the representatives elected
their officers: Pedro Paterno, president; Benito Legarda, Vice President; Gregorio Araneta, First
Secretary and Pablo Ocampo, Second Secretary.  It was not long after their first convening that the
Malolos Representatives ran into conflict with Mabini, who believed that the times demanded not
the writing of a supreme law, which required the luxury of time, but an executive made strong by
congressional support.  In the end Congress prevailed over Mabini, and began their constitutional
work.  There were three draft constitutions presented: one authored by Mabini, another by Paterno
and a third drafted by Felipe Calderon, a Cavite lawyer.  The latter’s draft, influenced by
constitutions of various South American nations, was eventually chosen.

      Despite its brief existence, the Malolos Congress earned its place in Philippine history if only for
two achievements: the ratification of the declaration of independence on September 29, 1898 and
the framing of the Malolos Constitution, which was promulgated by President Aguinaldo on
January 21, 1899.  To its eternal credit, the Malolos Congress, transcended its elite background by
producing a supreme law distinguished for its democratic and pluralist ideals.  These were
embodied in the following provisions: the distribution of power in three separate branches of
government: a legislature which was unicameral- the “Assembly” of elected representatives; the
Executive branch, represented by the President supported by a Cabinet; and the Judiciary
composed of the Supreme Court, headed by a Chief Justice to be elected by the Assembly, and lower
courts. The Constitution likewise protected the people against the abuse of power with a registry of
individual and national rights.  Most important, it was imbued with the principle that sovereignty
resides in the people.

        The Repubic was inaugurated on January 23, 1899 at Barasoain Church, Malolos, in
ceremonies marked by the reading of the whole Constitution, by Secretary Ocampo; proclamation
of the Republic of the Philippines by Congress president Paterno, followed by the proclamation of
Aguinaldo as the elected President of the new Republic, and speeches by Aguinaldo and Paterno.

The Central government of the new Republic was constituted in part as follows:
President-        Emilio Aguinaldo
Department Secretaries- War – Baldomero Aguinaldo
Interior- Leandro Ibarra
Foreign Affairs- Cayetano Arellano (later replaced by Mabini)
Finance- Mariano Trias
Justice-   Gregorio Araneta
Welfare- Felipe Buencamino

       Even as it battled a new enemy disguised by US President William McKinley’s “Benevolent

Assimilation” proclamation, the new government suffered dissension within its ranks.  The Mabini
Cabinet was replaced by the Paterno Cabinet around May 9, 1899.

     Meanwhile, Felipe Agoncillo, foremost Filipino diplomat, exerted all efforts to obtain European
and American recognition of Philippine independence and sovereignty, especially after the signing
of the Treaty of Paris in December 1898 ceded the Philippines to the United States.   In January
1899 he tried every means to prevent the ratification of the Treaty of Paris by the US Senate,
knowing this would seal the fate of the Filipinos, again to no avail.

       Post Script to the Republic. February 4, 1899, less than two weeks after the Republic’s
inauguration, an American soldier on Sociego corner Silencio Streets in Santa Mesa, Manila, fired
a shot against Filipino patrols in the area, sparking the Filipino-American War.  The outbreak of
hostilities between Filipino and American forces caused the imperialist agenda in the US Senate to
gain the upper hand, resulting in the ratification of the Treaty of Paris on February 6, thus justifying
the United States all-out pursuit of war against the fledgling Philippine Republic.

        On March 31 Malolos, seat of the Philippine Republic, fell into enemy hands, followed on April
26 by Calumpit, where the Filipino forces led by over-all commander Gen. Luna were also routed.

        On May 9, the Central government moved to Cabanatuan, Nueva Ecija, only four days after
Congress convened at neighboring San Isidro town.   As the American army closed in on him
Aguinald moved the government to Tarlac, and then to Bayambang, Pangasinan.  The latter fell on
November 13.  In a final bid to swing the odds in their favor, Aguinaldo ordered the shift from
regular to guerrilla warfare even as he began his exodus to the north.  It did not take long before the
government of the Filipinos disintegrated with the capture of its officials Buencamino in November
and Mabini in December 1899, Paterno in April 1900.  Aguinaldo himself was captured in Palanan,
Isabela, on March 23, 1901, a day after his 32nd birthday.  When he took the oath of allegiance to
the United States nine days later, the First Philippine Republic came to an end.
(http://nhcp.gov.ph/the-first-philippine-republic/)

1899
CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES

The President of the Council, Apolinario Mabini.chanrobles virtual law library

Preamble

We, the Representatives of the Filipino people, lawfully covened, in order to establish justice, provide for common
defense, promote the general welfare, and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of
the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following:

POLITICAL CONSTITUTION
Title I
THE REPUBLIC

Article 1. The political association of all Filipinos constitutes a nation, whose state shall be known as the Philippine
Republic.

Article 2. The Philippine Republic is free and independent.

Article 3. Sovereignty resides exclusively in the people.

Title II
THE GOVERNMENT

Article 4. The Government of the Republic is popular, representative, alternative, and responsible, and shall exercise
three distinct powers: namely, the legislative, the executive, and the judicial. Any two or more of these three powers shall
never be united in one person or cooperation, nor the legislative power vested in one single individual.

Title III
RELIGION
Article 5. The State recognizes the freedom and equality of all religions, as well as the separation of the Church and the
State.

Title IV
THE FILIPINOS AND THEIR NATIONAL
AND INDIVIDUAL RIGHTS

Article 6. The following are Filipinos:

1. All persons born in the Philippine territory. A vessel of Philippine registry is considered, for this purpose, as part of
Philippine territory.

2. Children of a Filipino father or mother, although born outside of the Philippines.

3. Foreigners who have obtained certification of naturalization.

4. Those who, without such certificate, have acquired a domicile in any town within Philippine territory.

It is understood that domicile is acquired by uninterrupted residence for two years in any locality within Philippine territory,
with an open abode and known occupation, and contributing to all the taxes imposed by the Nation.

The condition of being a Filipino is lost in accordance with law.

Article 7. No Filipino or foreigner shall be detained nor imprisoned except for the commission of a crime and in
accordance with law.

Article 8. All persons detained shall be discharged or delivered to the judicial authority within 24 hours following the act of
detention. All detentions shall be without legal effect, unless the arrested person is duly prosecuted within 72 hours after
delivery to a competent court. The accused shall be duly notified of such proceeding within the same period.

Article 9. No Filipino shall be imprisoned except by virtue of an order by a competent court. The order of imprisonment
shall be ratified or confirmed within 72 hours following the said order, after the accused has been heard.

Article 10. No one shall enter the dwelling house of any Filipino or a foreigner residing in the Philippines without his
consent except in urgent cases of fire, inundation, earthquake or similar dangers, or by reason of unlawful aggression
from within, or in order to assist a person therein who cries for help. Outside of these cases, the entry into the dwelling
house of any Filipino or foreign resident in the Philippines or the search of his papers and effects can only be decreed by
a competent court and executed only in the daytime. The search of papers and effects shall be made always in the
presence of the person searched or of a member of his family and, in their absence, of two witnesses resident of the
same place. However, when a criminal caught in fraganti should take refuge in his dwelling house, the authorities in
pursuit may enter into it, only for the purpose of making an arrest. If a criminal should take refuge in the dwelling house of
a foreigner, the consent of a latter must first be obtained.

Article 11. No Filipino shall be compelled to change his residence or domicile except by virtue of a final judgment.

Article 12. In no case may correspondence confided to the post office be detained or opened by government authorities,
nor any telegraphic or telephonic message detained. However, by virtue of a competent court, correspondence may be
detained and opened in the presence of the sender.

Article 13. All orders of imprisonment, of search of a dwelling house, or detention of written correspondence, telegraph or
telephone, must be justified. When an order lacks this requisite, or when the grounds on which the act was founded is
proven in court to be unlawful or manifestly insufficient, the person to be detained or whose imprisonment has not been
ratified within the period prescribed in Art. 9, or whose correspondence has been detained, shall have the right to recover
damages.

Article 14. No Filipino shall be prosecuted or sentenced, except by a judge or court of proper jurisdiction and according to
the procedure prescribed by law.

Article 15. Exept in the cases provided by the Constitution, all persons detained or imprisoned not in accordance with
legal formalities shall be released upon his own petition or upon petition of another person. The law shall determine the
manner of proceeding summarily in this instance, as well as the personal and pecuniary penalties which shall be imposed
upon the person who ordered, executed or to be executed the illegal detention or imprisonment.
Article 16. No one shall be temporarily or permanently deprived of rights or dstured in his enjoyment thereof, except by
virtue of judicial sentence. The officials who, under any pretext whatsoever, should violate this provision, shall be
personally liable for the damages caused.

Article 17. No one shall be deprived of his property by expropriation except on grounds of public necessity and benefit,
previously declared and justified by proper authorities, and indemnifying the owner thereof prior to expropriation.

Article 18. No one shall be obliged to pay any public tax which had not been approved by the National Assembly or by
local popular governments legally so authorized, and which is not in the manner prescribed by the law.

Article 19. No Filipino who is in full enjoyment of his civil or political rights, shall be impeded in the free exercise of said
rights.

Article 20. Neither shall any Filipino be deprived:

1. Of the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar
means.

2. Of the right of association for purposes of human life and which are not contrary to public morals; and lastly

3. Of the right to send petitions to the authorities, individually or collectively.

The right of petition shall not be exercised through any kind of armed force.

Article 21. The exercise of the rights provided for in the preceding article shall be subject to general provisions regulating
the same.

Article 22. Crimes committed on the occasion of the exercise of rights provided for in this title, shall be punished by the
courts in accordance with the laws.

Article 23. Any Filipino may establish and maintain institutions of learning, in accordance with the laws authorizing them.
Public education shall be free and obligatory in all schools of the nation.

Article 24. Foreigners may freely reside in Philippine territory, subject to legal dispositions regulating the matter; may
engage in any occupation or profession for the exercise of which no special license is required by law to be issued by the
national authorities.

Article 25. No Filipino who is in full enjoyment of his political and civil rights shall be impeded in his right to travel freely
abroad or in his right to transfer his residence or possessions to another country, except as to his obligations to
contribute to military service or the maintenance of public taxes.

Article 26. No foreigner who has not been naturalized may exercise in the Philippines any office which carries with it any
authority or jurisdictional powers.

Article 27. All Filipinos are obliged to defend his country with arms when called upon by law, and to contribute to the
expenses of the State in proportion to his means.

Article 28. The enumeration of the rights provided for in this title does not imply the denial of other rights not mentioned.

Article 29. The prior authorization to prosecute a public official in the ordinary courts is not necessary, whatever may be
the crime committed.

A superior order shall not exempt a public official from liability in the cases which constitute apparent and clear violations
of constitutional precepts. In others, the agents of the law shall only be exempted if they did not exercise the authority.

Article 30. The guarantees provided for in Articles 7, 8, 9, 10, and 11 and paragraphs 1 and 2 of Article 20 shall not be
suspended, partially or wholly, in any part of the Republic, except temporarily and by authority of law, when the security
of the State in extraordinary circumstances so demands.

When promulgated in any territory where the suspension applies, there shall be a special law which shall govern during
the period of the suspension, according to the circumstances prevailing.

The law of suspension as well as the special law to govern shall be approved by the National Assembly, and in case the
latter is in recess, the Government shall have the power to decree the same jointly with the Permanent Commission,
without prejudice to convoking the Assembly without the least delay and report to it what had been done.
However, any suspension made shall not affect more rights than those mentioned in the first paragraph of this article nor
authorize the Government to banish or deport from the Philippines any Filipino.

Article 31. In the Republic of the Philippines, no one shall be judged by a special law nor by special tribunals. No person
or corporation may enjoy privileges or emoluments which are not in compensation for public service rendered and
authorized by law. War and marine laws shall apply
only for crimes and delicts which have intimate relation to military or naval discipline.

Article 32. No Filipino shall establish laws on primogeniture, nor institutions restrictive of property rights, nor accept
honors, decorations, or honorific titles or nobility from foreign nations without the
consent of the Government.

Neither shall the Government establish in the Republic institutions mentioned in the preceding paragraph, nor confer
honors, decorations, or honorific titles of nobility to any Filipino.

The Nation, however, may reward by special law approved by the Assembly, conspicuous services rendered by citizens
of the country.

Title V
THE LEGISLATIVE POWER

Article 33. Legislative power shall be exercised by an Assembly of Representatives of the Nation.

This Assembly shall be organized in the form and manner determined by law.

Article 34. The Members of the Assembly shall represent the who nation and not exclusively the electors who elected
them.

Article 35. No representative shall receive from his electors any imperative mandate whatsoever.

Article 36. The Assembly shall meet every year. The President of the Republic has the right to convoke it, suspend and
close its sessions, and dissolve the same, within the periods prescribed by law enacted by the Assembly or by the
Permanent Commission.

Article 37. The Assembly shall be open at least three months each year, without including in this period the time spent in
its organization.

The President of the Republic shall convoke the Assembly, not later than the 15th day of April.

Article 38. In extraordinary cases, he may convoke the Assembly outside of the period fixed by law, as determined by the
Permanent Commission, and prolong its law-making, provided the extended period does not exceed one month and
provided further that such extensions do not take place more than twice during the same legislative term.

Article 39. The National Assembly, jointly with the special Representatives, shall organize committees for the
organization of the Assembly and for the election of the new President of the Republic, which shall be formed at least one
month before the expiration of the term of office of the Representatives.

In case of death or resignation of the President of the Republic, the Assembly shall meet in session by its own right or by
initiative of the President or of the Permanent Commission.

Article 40. In the meantime that the new President has not been chosen, his functions shall be exercised by the Chief
Justice of the Supreme Court whose office shall be taken over by one of the Justices of the Court, in accordance with
law.

Article 41. Any session of the Assembly held outside the period of ordinary legislature shall be unlawful and void. The
case provided in Article 30 and in which the Assembly has constituted itself into a Tribunal of Justice shall be excepted,
but in the latter case no other functions shall be exercised except that pertaining to judicial functions.

Article 42. The sessions of the Assembly shall be public. However, sessions may be held in secret upon petition of a
certain number of its members fixed by the Rules, deciding afterwards by an absolute majority of votes of the members
present if the discussion on the same subject has to continue in public.
Article 43. The President of the Republic shall communicate with the Assembly by means of messages, which shall be
read by a Department Secretary.

The Department Secretaries shall have the right to be heard in the Assembly, upon their request, and they may be
represented in the discussion of certain bills by Commissioners appointed by decrees of
the President of the Republic.

Article 44. The Assembly may constitute itself into a Tribunal of Justice to hear and determine crimes committed against
the security of the State by the President of the Republic and members of the Council of Government, by the Chief
Justice of the Supreme Court, and by the Solicitor General of the Nation, by means of a decree promulgating it, or by the
Permanent Commission, or by the President of the Republic upon petition of the Solicitor General or Council of
Government.

The law shall determine the mode and manner of the accusation, instruction, and disposition of the proceedings.

Article 45. No member of the Assembly shall be prosecuted nor held accountable for the opinions expressed by him, nor
by the vote taken by him in the discharge of his office.

Article 46. No member of the Assembly shall be prosecuted criminally without authority of the Assembly or of the
Permanent Commission to which an immediate report of the facts shall be made, for its proper action.

The imprisonment, detention, or apprehension of a member of the Assembly shall not be carried out without the prior
authority of the same or by the Permanent Commission. The moment the Assembly is notified of the order of
imprisonment, it shall incur liability if, within two days following the notification, it does not authorize the imprisonment or
give sufficient reason upon which the refusal is based.

Article 47. The National Assembly shall have the following additional powers:
1. To approve Rules for its internal government.

2. To examine the legality of the elections and the legal qualifications of the elected members.

3. To elect its President, Vice-Presidents, and Secretaries.

Until the Assembly has been dissolved, the President, Vice-Presidents, and Secretaries shall continue to exercise their
office for the period of four legislative terms; and

4. To accept the resignations of its members and grant privileges in accordance with the Rules.

Article 48. No bill shall become law without having been voted on by the Assembly. To approve a bill, the presence in the
Assembly of at least one-fourth of the total number of the members whose elections have been duly approved and taken
the oath of office shall be necessary.

Article 49. No bill shall be approved by the Assembly until after it has been voted upon as a whole and subsequently
article by article.

Article 50. The Assembly shall have the right of censure, and each of the members the right of interpellation.

Article 51. The initiative in the presentation of bills belongs to the President of the Republic and to the Assembly.

Article 52. Any member of the Assembly who accepts from the Government any pension, employment, or office with
salary, is understood to have renounced his membership. From this shall be excepted the employment as Secretary of
the Government of the Republic and other offices provided for by special laws.

Article 53. The office of Representatives shall be for a term of four years, and shall be compensated by a sum fixed by
law, according to the circumstances.

Those who absent themselves during the entire period of the legislative sessions shall not be entitled to any
compensation; but they may be allowed to recover the right to compensation should they attend
subsequently.

Title VI
THE PERMANENT COMMISSION
Article 54. The Assembly, before adjournment, shall elect seven of its members to form the Permanent Commission
during the period of adjournment, which shall designate at its first session, the President and the Secretary.

Article 55. The Permanent Commission, during the adjournment of the Assembly, shall have the following attributes:

1. Declare if there is sufficient cause to proceed against the President of the Republic, the Representatives, Department
secretaries, the Chief Justice of the Supreme Court, and the Solicitor-General in the cases provided by this Constitution.

2. Convoke the Assembly to a special session in the cases where the latter should constitute itself into a Tribunal of
Justice.

3. To act upon pending matters which require proper action.

4. Convoke the Assembly in special sessions when the exigencies of the situation so demand.

5. Supplement the powers of the Assembly in accordance with the Constitution, excepting the act of voting and approving
laws.

The Permanent Commission shall meet in session whenever convoked by the presiding officer, in accordance with this
Constitution.

Title VII
THE EXECUTIVE POWER

Article 56. The Executive Power shall be vested in the President of the Republic, who shall exercise it through his
Department Secretaries.

Article 57. The administration of the particular interests of towns, provinces, and of the State shall correspond,
respectively, to the Popular Assembles, the Provincial Assemblies, and to the Administration in power, in accordance
with the laws, and observing the most liberal policy of decentralization and administrative autonomy.

Title VIII
THE PRESIDENT OF THE REPUBLIC

Article 58. The President of the Republic shall be elected by absolute majority of votes by the Assembly and by the
special Representatives, convened in chamber assembles. His term of office shall be four years, and may be reelected.

Article 59. The President of the Republic shall have the right to initiate the introduction of bills equally with the members
of the Assembly, and promulgate the laws when duly voted and approved by the latter, and shall see to it that the same
are duly executed.

Article 60. The power to execute the laws shall extend to all cases conducive to the preservation of internal public order
and to the external security of the State.

Article 61. The President shall promulgate the laws duly approved by him within 20 days following their transmittal to him
by the Assembly.

Article 62. If within this period, the President should fail to promulgate them, he shall return them to the Assembly with his
reasons for the return, in which case the Assembly may reconsider same, and it shall be presumed by a vote of at least
two-thirds of the members of the Assembly present in a quorum. If repassed in the manner indicated, the Government
shall promulgate same within ten days, with a manifestation of its non-conformity. The obligation is imposed upon the
Government if it allows twenty days to elapse without returning the bill to the Assembly.

Article 63. When the promulgation of a law has been declared urgent by express will of an absolute majority of votes of
the Assembly, the President of the Republic may require the Assembly to re-approve same which cannot be refused, and
if the same bill is repassed, the President shall promulgate it within the legal period, without prejudice to his making of
record his non-conformity with the bill.

Article 64. The promulgation of laws shall be made by publishing them in the official gazette of the Republic, and shall
have the force of law thirty days following such publication.

Article 65. The President of the Republic shall have at his disposal the army and the navy, and may declare war and
make and ratify treaties with the prior consent of the Assembly.
Article 66. Treaties of peace shall not take effect until voted upon by the Assembly.

Article 67. The President of the Republic, in addition to his duty to execute the laws, shall:

1. Supervise civil and military employees in accordance with the laws.

2. Appoint the Secretaries of the Government.

3. Direct the diplomatic and commercial relations with foreign powers.

4. See to it that justice is duly and promptly administered throughout the Philippines.

5. Grant pardon to convicted criminals in accordance with the laws, except any special provision relating to the
Secretaries of the Government.

6. Preside over all national functions and receive ambassadors and accredited representatives of foreign powers.

Article 68. The President of the Republic may be authorized by special law:

1. To alienate, transfer or exchange any portion of Philippine territory.

2. To incorporate any other territory to the Philippine territory.

3. To admit the stationing of foreign troops in Philippine territory.

4. To ratify of alliance, defensive as well as offensive, special treaties of commerce, those which stipulate to grant
subsidies to a foreign power, and those which may compel Filipinos to render personal service.

Secret treaties in no case may prevail over the provisions of open treaties or treaties made publicly.

5. To grant general amnesties and pardons.

6. To coin money.

Article 69. To the President belongs the power to issue regulations for the compliance and application of the laws in
accordance with the requisites prescribed in said laws.

Article 70. The President of the Philippines, with the prior approval by majority vote of the Representatives, may dissolve
the Assembly before the expiration of its legislation term. In this case, new elections shall be called within three months.

Article 71. The President of the Republic may be held liable only for cases of high treason.

Article 72. The salary of the President of the Republic shall be fixed by special law which may not be changed except
after the presidential term has expired.

Title IX
THE SECRETARIES OF GOVERNMENT
Article 73. The Council of Government is composed of one President and seven secretaries, each of whom shall have
under his charge the portfolios of Foreign Relations, Interior, Finance, War and
Marine, Public Education, Communications and Public Works, and Agriculture, Industry, and Commerce.

Article 74. All the acts done by the President of the Republic in the discharge of his duties shall be signed by the
corresponding Secretary. No public official shall give official recognition to any act unless this requisite is complied with.

Article 75. The Secretaries of Government are jointly responsible to the Assembly for the general administration of the
Government, and individually for their respective personal acts.

Article 76. In order to exempt them from responsibility, when held guilty by the Assembly, a petition to this effect
approved by absolute majority of the Representatives is necessary.

Title X
THE JUDICIAL POWER

Article 77. To the Court corresponds exclusively the power to apply the laws, in the name of the Nation, in all civil and
criminal trials. The same codes of laws shall be applied throughout the Republic, without prejudice to certain variations
according to circumstances as determined by law. In all trials, civil, criminal, and administrative, all citizens shall be
governed by one code of laws and procedure.

Article 78. The courts of justice shall not apply general local regulations, except when they conform to the laws.

Article 79. The exercise of judicial power shall be vested in one Supreme Court and in other courts established by law.
Their composition, organization, and other attributes shall be determined by the laws creating them.

Article 80. The Chief Justice of the Supreme Court and the Solicitor-General shall be chosen by the National Assembly in
concurrence with the President of the Republic and the Secretaries of the
Government, and shall be absolutely independent of the Legislative and Executive Powers.

Article 81. Any citizen may file suit against any member exercising the Judicial Power for any crime committed by them in
the discharge of their office.

Title XI
PROVINCIAL AND POPULAR ASSEMBLIES

Article 82. The organization and attributes of provincial and popular assemblies shall be governed by their respective
laws. These laws shall conform to the following principles:

1. The government and management of the particular interests of the province or town shall be discharged by their
respective corporations, the principle of direct and popular elections being the basis underlying each of them.

2. Publicity of their sessions, within the limits provided by law.

3. Publication of all appropriations, accounts, and agreements affecting same.

4. Government interference and, in the absence thereof, by the National Assembly, to prevent provinces and
municipalities exceeding their powers and attributes to the prejudice of the interest of individuals and of the Nation at
large.

5. Power of taxation shall be exercised to the end that provincial and municipal taxation do not come into conflict with the
power of taxation of the State.

Title XII
ADMINISTRATION OF THE STATE

Article 83. The Government shall submit every year to the Assembly a budget of expenditures and income, indicating the
changes made from those of the preceding year, accompanying the same with a balance sheet as of the end of the year,
in accordance with law. This budget shall be submitted to the Assembly within ten days following the commencement of
its session.

Article 85. The Government, in order to dispose of the property and effects of the State, and to borrow money secured by
mortgage or credit of the Nation, must be authorized by special law.

Article 86. Public debts contracted by the Government of the Republic, in accordance with the provisions of this
Constitution, shall be under the special guarantee of the Nation.

No debt shall be contracted unless the means of paying the same are voted upon.

Article 87. All laws relating to income, public expenses, or public credits shall be considered as part of the appropriation
and shall be published as such.

Article 88. The Assembly shall determine every year, upon the recommendation of the President of the Republic, the
military forces by land and sea.

Title XIII
AMENDMENT OF THE CONSTITUTION

Article 89. The Assembly, on its own initiative or that of the President of the Republic, may propose amendments to the
Constitution, indicating what article or articles are to be amended.
Article 90. This proposal having been made, the President of the Republic shall dissolve the Assembly, and shall
convoke a Constituent Assembly which shall meet within three months. In the decree convoking the Constituent
Assembly, the resolution mentioned in the preceding article shall be inserted.

Title XIV
CONSTITUTIONAL OBSERVANCE,
OATH, AND LANGUAGE

Article 91. The President of the Republic, the Government, the Assembly, and all Filipino citizens shall faithfully observe
the provisions of the Constitution; and the Legislative Power, upon approval of the Appropriations Act, shall examine if
the Constitution has been strictly complied with and whether violations, if any, have been duly corrected and those
responsible for the violations held liable.

Article 92. The President of the Republic and all other officials of the Nation shall not enter into the discharge of their
office without having taken the prescribed oath. The oath of the President of the Republic shall be taken before the
National Assembly.

The other officials of the Nation shall take their oath before the authorities determined by law.

Article 93. The use of languages spoken in the Philippines shall be optional. Their use cannot be regulated except by
virtue of law, and solely for acts of public authority and in the courts. For these
acts the Spanish language may be used in the meantime.

TRANSITORY PROVISIONS

Article 94. Meanwhile and without prejudice to the provisions of Article 48 and to the acts of the commissions designated
by the Assembly to translate and submit to the same the organic laws in the development and application of the rights
granted to Filipino citizens and for the government of public powers therein mentioned, the laws of the Republic shall be
considered those found existing in these islands before the emancipation of the same.

The provisions of the Civil Code relating to marriage and civil registry, suspended by the Governor General of these
islands; the Instructions of April 26, 1888 to carry into effect Articles 77, 78, 79, and 82 of said Code; the law on civil
registry of June 17, 1870 which refers to Article 332 of the same, and the Regulation of December 13 following for the
enforcement of this law, without prejudice to the Chiefs of towns continuing to be in charge of inscriptions in the civil
registry and intervening in the celebration of marriage between Catholics, shall also be deemed in force and effect.

Article 95. In the meantime that the laws referred to in the preceding article have not been approved or enforced, the
Spanish laws which said article allows to be enforced provisionally may be amended by special law.

Article 96. Once the laws approved by the Assembly have been promulgated in accordance with Article 94, the
Government of the Republic shall have the power to issue decrees and regulations necessary for the immediate
organization of the various organs of the State.

Article 97. The present President of the Revolutionary Government shall assume later the title of President of the
Republic and shall discharge the duties of this office until the Assembly when convoked proceeds to the election of one
who shall definitely exercise the duties of the office.

Article 98. The present Congress, composed of members by suffrage or by decree, shall last for four years, or for the
duration of the present legislative term commencing on the 15th of April of next year.

Article 99. Notwithstanding the general rule established in part 2 of Article 4, in the meantime that the country is fighting
for its independence, the Government is empowered to resolve during the closure of the Congress all questions and
difficulties not provided for in the laws, which give rise to unforeseen events, of which the Permanent Commission shall
be duly apprised as well as the Assembly when it meets in accordance with this Constitution.

Article 100. The execution of Article 5, Title III shall be suspended until the constituent Assembly meets in session.

In the meantime, municipalities which require spiritual ministry of a Filipino priest may provide for his necessary
maintenance.

Article 101. Notwithstanding the provisions of Articles 62 and 63, bills returned by the President of the Republic to the
Congress may not be repassed except in the legislature of the following year, this suspension being under the
responsibility of the President and his Council of Government. When these conditions have been fulfilled, the
promulgation of said laws shall be obligatory within ten days, without prejudice to the President making of record his non-
conformity.

If the reapproval is made in subsequent legislative terms, it shall be deemed law approved for the first time.

ADDITIONAL ARTICLE

All the estates, edifices, and other property possessed by the religious corporations in these islands shall be deemed
restored to the Philippine State as of May 24, 1898 when the Dictatorial Government has been constituted in Cavite.

BARASOAIN, the twentieth of January, 1899.

The President of the Congress

PEDRO A. PATERNO

The Secretaries
PABLO TECSON
PABLO OCAMPO

Aguedo Velarde
Alberto Barretto
Ambrosio Rianzares Bautista
Antonio Luna
Antonio Feliciano
Arcadio del Rosario
Ariston Bautista
Ariston Gella
Arsenio Cruz-Herrera
Basilio Teodoro
Benito Legarda
Ceferino de Leon
Domingo Samson
Esteban de la Rama
Felipe Buencamino
Felipe Calderon
Felix Bautista
Felix Ferrer Pascual
Fernando Can
Graciano Cordero
Gregorio Aguilera
Gregorio Aglipay
Higinio Benitez
Hipolito Magsalin
Hugo Ilagan
Ignacio Villamor
Isidro Torres
Isidro Paredes
Javier Gonzales Salvador
Joaquin Gonzales
Joaquin Luna
Jose Basa
Jose Salamanca
Jose R. Infante
Jose F. Oliveros
Jose Tuason
Jose Santiago
Jose M. de la Vina
Jose M. Lerma
Jose Albert
Jose Coronel
Jose Alejandrino
Jose Fernandez
Jose Luna
Juan Nepomuceno
Juan Manday
Juan Tuason
Justo Lucban
Leon Apacible
Leon Guerrero
Lorenzo del Rosario
Lucas Gonzales Maninang
Manuel Xerex Burgos
Manuel Gomez Martinez
Manuel Calleja
Marciano V. del Rosario
Mariano Abella
Mariano Lopez
Mariano Crisostomo
Martin Garcia
Mateo Gutierrez Ubaldo
Mateo del Rosario
Melecio Figueroa
Mena Crisologo
Miguel Zaragoza
Narciso Hidalgo Resurreccion
Pablo Ocampo
Pablo Tecson Roque
Patricio Bailon
Pedro A. Paterno
Perfecto Gabriel
Pio del Pilar
Raymundo Alindada
Ricardo Paras
Salvador V. del Rosario
Santiago Barcelona
Santiago Icasiano
Sebastian de Castro
Simplicio del Rosario
Sofio Alandi
Sotero Laurel
Telesforo Chuidian
Teodoro Sandico
Teodoro Gonzales
Tomas Arejola
Tomas G. del Rosario
Trinidad H. Pardo de Tavera
Vicente Foz
Vicente Guzman Pagulayan
Vicente Somoza
Vito Belarmino

Presidency of the Revolutionary Government of the Philippines. D. Emilio Aguinaldo y Famy, President of the
Revolutionary Government of the Philippines and Captain General and Commander-in-Chief of its Army.

Know all Filipino citizens: That the Assembly of Representatives of the nation, by virtue of its sovereign power, has
decreed and I have sanctioned the political Constitution of the state.

Therefore:
I command all the authorities, civil as well as military, of whatever class or rank, to keep it and cause it to be kept,
complied with and executed in all its parts, because it is the sovereign will of the Filipino
people.

Done at Malolos, on the twenty-first of January in the year eighteen hundred and ninety-nine.

EMILIO AGUINALDO

(https://www.lgu.ph/listings/1899-constitution-of-the-republic-of-the-philippines/ )

The Constitution of the

Philippine Commonwealth
Posted on September 7, 2012

THE CONSTITUTION OF THE PHILIPPINE COMMONWEALTHby: Quennie Ann J.

Palafox

      The Constitution, whether written or unwritten is recognized as the supreme law of the land as
it serves as the basis for the legitimacy of any governmental acts necessary for its existence.  It is a
codified law that determines the powers and duties of a government and it embodies certain rights
of the people.

       Right after the signing of the Treaty of Paris in Washington D.C in 1898 that ceded the
Philippines to the US paying the amount of $20, 000, 000 to Spain in the process, and the eruption
of Filipino-American War in 1899, our country was placed under a military government until 1901
with the passing of the Spooner Amendment, putting an end to the military rule in the Philippines
and replacing it with a civil government with William H. Taft as the first civil governor.  The
ratification of the Philippine Bill of 1902, which called for the creation of a lower legislative branch
composed of elected Filipino legislators, and the Jones Law in August 1916 gave the Filipinos the
opportunity to govern themselves better.  The First Philippine Assembly, which convened on
October 16, 1907, was composed of educated Filipinos from illustrious clans such as Sergio
Osmeña and Manuel L. Quezon, who revived the issue of immediate independence for the
Filipinos and this was expressed by sending political missions to the US Congress.

     Controversy divided the Philippine legislature with the debate on the acceptance or rejection of
the Hare-Hawes-Cutting Bill brought home by Osmeña-Roxas mission from the US Congress in
1931, which provided for a 10-year transition period before the granting of Philippine
independence. The passage of the independence bill resulted in the splitting of the Democrata
Party and Nacionalista Party into two factions; the Pros and Antis. Majority in the legislature led by
Quezon and Recto rejected the said bill, thereby composing the Antis, while the Pros became the
Minority under Osmena, Roxas and others.

On October 17, 1933, Quezon and others triumphed in this battle as the Philippine legislature
rejected the bill. Quezon eventually brought in from the United States the Tydings-McDuffie Act
(Public Law 73-127) authored by Sen. Millard Tydings and Rep. John McDuffie, a slightly amended
version of the Hare-Hawes-Cutting bill signed by President Franklin Roosevelt on March 24, 1934.
The bill set July 4 after the tenth year of the commonwealth as date of Philippine independence.
This was accepted by the Philippine Legislature on May 1, 1934.

      The organization of constitutional Convention that would draw up the fundamental law of the
land based on the American model was one of the salient provisions of the Tydings-McDuffie Act.
Delegates to the convention were subsequently elected in 1934. In the first meeting held on July 30
at the session of the House of Representatives, Claro M. Recto was unanimously elected as its
President.

      Salient features of the 1935 Constitution include the following: a bicameral legislature
composed of a senate and House of Representatives. The President is to be elected to a four-year
term together with the Vice-President without re-election; rights of suffrage by male citizens of the
Philippines who are twenty-one years of age or over and are able to read and write; extension of
the right of suffrage to women within two years after the adoption of the constitution.

       The draft of the constitution was approved by the convention on February 8, 1935 and ratified
by Pres. Roosevelt in Washington D.C on March 25, 1935. Elections were held in September 1935,
Manuel L. Quezon was elected as the president of the Commonwealth. The 1935 Constitution
provided the legal basis of the Commonwealth Government which was considered a transition
government before the granting of the Philippine independence with American-inspired constitution;
the Philippine government would eventually pattern its government system after American
government. It has been said that the 1935 Constitution was the best-written Philippine charter
ever.

(http://nhcp.gov.ph/the-constitution-of-the-philippine-commonwealth/)

The 1935 Constitution

CONSTITUTION OF THE PHILIPPINES

The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall em-
body their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure
to themselves and their posterity the blessings of independence under a régime of justice, liberty, and
democracy, do ordain and promulgate this Constitution.

Article I.—THE NATIONAL TERRITORY

Section 1. The Philippines comprises all the territory ceded to the United States by the treaty of Paris con-
cluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-
eight, the limits of which are set forth in Article III of said treaty, together with all the islands embraced in
the treaty concluded at Washington, between the United States and Spain on the seventh day of November,
nineteen hundred, and in the treaty concluded between the United States and Great Britain on the second day
of January, nineteen hundred and thirty, and all territory over which the present Government of the
Philippine Islands exercises jurisdiction.

ARTICLE II.—DECLARATION OF PRINCIPLES

Section 1. The Philippines is a republican state. Sovereignty resides in the people and all government
authority emanates from them.

Sec. 2. The defense of the State is a prime duty of government, and in the fulfillment of this duty all citizens
may be required by law to render personal military or civil service.

Sec. 3. The Philippines renounces war as an instrument of national policy, and adopts the generally accepted
principles of international law as a part of the law of the Nation.

SEC. 4. The natural right and duty of parents in the rearing of the youth for civic efficiency should receive
the aid and support of the Government.

SEC. 5. The promotion of social justice to insure the well-being and economic security of all the people
should be the concern of the State.
 ARTICLE III.—BILL OF RIGHTS

SECTION 1. (1) No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

(2) Private property shall not be taken for public use without just compensation.

(3) The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, to be
determined by the judge after examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched, and the persons or things to be seized.

(4) The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired.

(5) The privacy of communication and correspondence shall be inviolable except upon lawful order of the
court or when public safety and order require otherwise.

(6) The right to form associations or societies for purposes not contrary to law shall not be abridged.

(7) No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, and
the free exercise and enjoyment of religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

(8) No law shall be passed abridging the freedom of speech, or of the press, or the right of the people
peaceably to assemble and petition the Government for redress of grievances

(9) No law granting a title of nobility shall be enacted, and no person holding any office of profit or trust
shall, without the consent of the National Assembly, accept any present, emolument, office, or title of any
kind whatever from any foreign state.

(10) No law impairing the obligation of contracts shall be passed.

(11) No ex post facto law or bill of attainder shall be enacted.

(12) No person shall be imprisoned for debt or nonpayment of a poll tax.

(13) No involuntary servitude in any form shall exist except as a punishment for crime whereof the party
shall have been duly convicted.

(14) The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion,
insurrection, or rebellion, when the public safety requires it, in any of which events the same may be
suspended wherever during such period the necessity for such suspension shall exist.

(15) No person shall be held to answer for a criminal offense without due process of law.

(16) All persons shall before conviction be bailable by sufficient sureties, except those charged with capital
offenses when evidence of guilt is strong. Excessive bail shall not be required.

(17) In all criminal prosecutions the accused shall be presumed to be innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial, to meet the witnesses face to face and to have
compulsory process to secure the attendance of witnesses in his behalf.

(18) Bo person shall be compelled to be a witness against himself.

(19) Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted.

(20) No person shall be twice put in jeopardy of punishment for the same offense. If an cat is punished by a
law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the
same act.
(21) Free access to the courts shall not be denied to any person by reason of poverty.

ARTICLE IV.—CITIZENSHIP

SECTION 1. The following are citizens of the Philippines:

(1)  Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.

(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had
been elected to public office in the Philippine Islands.

(3) Those whose fathers are citizens of the Philippines.

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect
Philippine citizenship.

(5) Those who are naturalized in accordance with law.

SEC. 2. Philippine citizenship may be lost or re-acquired in the manner provided by law.

ARTICLE V.—SUFFRAGE

SECTION 1. Suffrage may be exercised by male citizens of the Philippines not otherwise disqualified by
law, who are twenty-one years of age or over and are able to read and write, and who shall have resided in
the Philippines for one year and in the municipality wherein they propose to vote for at least six months
preceding the election. The National Assembly shall extend the right of suffrage to women, if in a plebiscite
which shall be held for that purpose within two years after the adoption of this Constitution, not less than
three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the
question.

ARTICLE VI.—LEGISLATIVE DEPARTMENT

 SECTION 1. The Legislative power shall be vested in a National Assembly. The Members of the National
Assembly shall not exceed one hundred and twenty, shall be chosen every three years, and shall be
apportioned among the several provinces as nearly as may be according to the number of their respective
inhabitants, but each province shall have at least one Member. The National Assembly shall by law make an
apportionment within three years after the return of every enumeration, and not otherwise. Until such
apportionment shall have been made, the National Assembly shall consist of ninety-eight Members, of whom
eighty-seven shall be elected by the representative districts as now provided by law; and three by
theMountainProvince, and one by each of the other eight existing special provinces. The Members of the
National Assembly in the provinces of Sulu, Lanao, and Cotabato shall be chosen as may be determined by
law; in all other provinces they shall be elected by the qualified voters therein.

 SEC. 2. No person shall be a Member of the National Assembly unless he has been five years a citizen of the
Philippines, is at least thirty years of age, and, at the time of his election, a qualified elector, and a resident of
the province in which he is chosen for not less than one year immediately prior to his election.

 SEC. 3. (1) In case of vacancy in the National Assembly a special election may be called in the
corresponding district, in the manner prescribed by law, but the member thus elected shall serve only for the
unexpired term.

(2) Elections for the National Assembly shall be held on the dates fixed by law.

(3) The National Assembly shall convene in regular session once every year, on the second Monday of the
month immediately following that on which the election of its Members was held, unless a different date is
fixed by law. The National Assembly may be called in special session at any time by the President to
consider general legislation or only such subjects as he may designate. No special session shall continue
longer than thirty days and no regular session longer than one hundred days, exclusive of Sundays.
(4) The National Assembly shall choose its Speaker, a secretary, a sergeant-at-arms, and such other officers
as may be required. A majority of all the Members shall constitute a quorum to do business, but a smaller
number may adjourn from day to day, and may compel the attendance of absent Members, in such manner
and under such penalties as the National Assembly may provide.

(5) The National Assembly may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds, expel a Member. It shall keep a Journal of its proceedings,
and from time to time publish the same, excepting such parts as may in its judgment require secrecy; and
the yeas and nays on any question shall, at the request of the one-fifth of its Members present, be entered in
the Journal.

SEC. 4. There shall be an Electoral Commission composed of three Justices of the Supreme Court designated
by the Chief Justice, and of six Members chosen by the National Assembly, three of whom shall be
nominated by the party having the largest number of votes, and three by the party having the second largest
number of votes therein. The senior Justice in the Commission shall be its Chairman. The Electoral
Commission shall be the sole judge of all contests relating to the election, returns, and qualifications of the
Members of the National Assembly.

SEC. 5. The Members of the National Assembly shall, unless otherwise provided by law, receive an annual
compensation of five thousand pesos each including per diems and other emoluments or allowances and
exclusive only of travelling expenses to and from their respective districts when attending sessions of the
National Assembly. No increase in said compensation shall take effect until after the expiration of the full
term of the Members of the National Assembly elected subsequent to the approval of such increase. The
Speaker of the National Assembly shall receive an annual compensation of sixteen thousand pesos until
otherwise provided by law.

SEC. 6. The Members of the National Assembly shall in all cases except treason, felony, and breach of the
peace, be privileged from arrest during their attendance at the sessions of the National Assembly, and in
going to and returning from the same; and for any speech or debate therein, they shall not be questioned in
any other place.

SEC. 7. The National Assembly shall elect from among its Members, on the basis of proportional
representation of the political parties therein, a Commission on Appointments and a Commission on
Impeachment, each to consist of twenty-one members. These Commissions shall be constituted within thirty
days after the National Assembly shall have been organized with the election of its Speaker, and shall meet
only while the National Assembly is in session, at the call of their respective Chairmen or a majority of their
members, to discharge such powers and functions as are herein conferred upon them.

SEC. 8. (1) No Member of the National Assembly may hold any other office or employment in the
Government without forfeiting his seat, nor shall any such Member during the time for which he was elected,
be appointed to any civil office which may have been created or the emoluments whereof shall have been
increased while he was a Member of the National Assembly.

(2) No Member of the National Assembly shall directly or indirectly be financially interested in any contract
with the Government or any subdivision or instrumentality thereof, or in any franchise or special privilege
granted by the National Assembly during his term of office; nor shall any such Member appear as counsel
before the Electoral Commission or any court in any civil case wherein the Government or any sub-division
or instrumentality thereof is the adverse party, or collect any fee for his appearance in any administrative
proceedings or in any criminal case wherein an officer or employee of the Government is accused of an
offense committed in relation to his office. No Member of the Commission on Appointments of the National
Assembly shall appear as counsel before any court inferior to the Supreme Court.

SEC. 9. (1) The President shall submit within fifteen days of the opening of each regular session of the
National Assembly a budget of receipts and expenditures, which shall be the basis of the general
appropriation bill. The National Assembly may not increase the appropriations recommended by the
President for the operation of the Government as specified in the Budget, except the appropriations for the
National Assembly and the Judicial Department. The form of the Budget and the information that it should
contain shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriation, unless it relates specifically to
some particular appropriation in the bill; and any such provision or enactment shall be limited in its operation
to such appropriation.

SEC. 10. The heads of departments upon their own initiative or upon the request of the National Assembly
may appear before and be heard by the National Assembly on any matter pertaining to their departments,
unless the public interest shall require otherwise and the President shall so state in writing.

SEC. 11. (1) Every bill which shall have passed the National Assembly shall, before it becomes a law, be
presented to the President. If he approve the same, he shall sign it; but if not, he shall return it with his
objections to the National Assembly, which shall enter the objections at large on its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of all the Members of the National Assembly shall
agree to pass the bill, it shall become a law. In all such cases the votes of the National Assembly shall be
determined by yeas and nays, and the names of the Members voting for and against shall not be returned by
the President as herein provided within twenty days (Sundays excepted) after it shall have been presented to
him, the same shall become a law in like manner as if he had signed it, unless the National Assembly by
adjournment prevent its return, in which case it shall become a law unless vetoed by the President within
thirty days after adjournment.

(2) The President shall have the power to veto any particular item or items of an appropriation bill, but the
veto shall not affect the item or items to which he does not object. When a provision of an appropriation bill
affects one or more items of the same, the President cannot veto the provision without at the same time
vetoing the particular item or items to which it relates. The item or items objected to shall not take effect
except in the manner heretofore provided as to bills returned to the National Assembly without the approval
of the President. If the veto refers to a bill or any item of an appropriation bill which appropriates a sum in
excess of ten per centum of the total amount voted in the appropriation bill for the general expenses of the
Government for the preceding year, or if it should refer to a bill authorizing an increase of the public debt,
the same shall not become a law unless approved by three-fourths of all the Members of the National
Assembly.

(3) The President shall have the power to veto any separate item or items in a revenue or tariff bill, and the
item or items vetoed shall not take effect except in the manner provided as to bills vetoed by the President.

SEC. 12. (1) No bill which may be enacted into law shall embrace more than one subject which shall be
expressed in the title of the bill.

(2) No bill shall be passed or become a law unless it shall have been printed and copies thereof in its final
form furnished the Members at least three calendar days prior to its passage by the National Assembly,
except when the President shall have certified to the necessity of its immediate enactment. Upon the last
reading of a bill no amendment thereof shall be allowed, and the question upon its final passage shall be
taken immediately thereafter, and the yeas and nays entered on the Journal.

SEC. 13. (1) All money collected on any tax levied for a special purpose shall be treated as special fund and
paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds of the Government.

(2) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(3) No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the
use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for
the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary is assigned
to the armed forces or to any penal institution, orphanage, or leprosarium.

SEC. 14. (1) the rule of taxation shall be uniform.

(2) The National Assembly may by law authorize the President, subject to such limitations and restrictions as
it may impose, to fix within specified limits, tariff rates, import or export quotas, and tonnage and wharfage
dues.

(3) Cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, buildings, and
improvements used exclusively for religious, charitable, or educational purposes shall be exempt from
taxation.

SEC. 15. The National Assembly shall, with the concurrence of two-thirds of all its Members, have the sole
power to declare war.

SEC. 16. In times of war or other national emergency, the National Assembly may by law authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to promulgate rules and
regulations to carry out a declared national policy.

ARTICLE VII.—EXECUTIVE DEPARTMENT

SECTION 1. The Executive power shall be vested in a President of the Philippines.

SEC. 2. The President shall hold his office during a term of six years, and together with the Vice-President
chosen for the same term, shall be elected by direct vote of the people. The election returns for President and
Vice-President, duly certified by the board of canvassers of each province, shall be transmitted to the
National Assembly. Upon the receipt of such returns the National Assembly shall forthwith, in public
session, count the votes, and proclaim the persons elected President and Vice-President. The persons
respectively having the highest number of votes for President and Vice-President shall be declared elected,
but in case two or more shall have an equal and the highest number of votes for either office, the National
Assembly shall, by a majority vote of all its Members, elect one of said persons as President or Vice-
President.

SEC. 3. No person may be elected to the office of President or Vice-President, unless he be a natural-born
citizen of the Philippines, a qualified voter, forty years of age or over, and has been a resident of the
Philippines for at least ten years immediately preceding the election.

SEC. 4. No person elected President may be re-elected for the following term, nor shall the Vice-President or
any other person who may have succeeded to the office of President as herein provided at least one year
before the election, be eligible to the office of President at such election.

SEC. 5. Elections for President and Vice-President shall be held once every six years on a date to be fixed by
the National Assembly.

SEC. 6. The terms of the President and Vice-President shall end at noon on the thirtieth day of December
following the expiration of six years after their election, and the terms of their successors shall begin from
such time.

SEC. 7. If, at the time fixed for the beginning of the term of the President, the President-elect shall have died,
the Vice-President-elect shall become President. If a President shall not have been chosen before the time
fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice-
President shall act as President until a President shall have qualified, and the National assembly may by law
provide for the case wherein neither a President-elect nor a Vice-President-elect shall have qualified,
declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such
person shall act accordingly until a President or Vice-President shall have qualified.

SEC. 8. Before he enter on the execution of his office, the President shall take the following oath or
affirmation:

 “I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties
As President of the Philippines, preserve and defend its Constitution, executive its laws, do justice to every
man, and consecrate myself to the service of the Nation. So help me God.” (In case of affirmation, last
sentence will be omitted.)

SEC. 9. In the event of the removal of the President from office or of his death, resignation, or inability to
discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the
National Assembly shall by law provide for the case of removal, death, resignation, or inability, both of the
President and Vice-President, declaring what officer shall then act as President, and such officer shall act
accordingly, until the disability be removed or a President shall be elected.

SEC. 10. The President shall have an official residence and receive a compensation to be ascertained by law
which shall be neither increased nor diminished during the period for which he shall have been elected, and
he shall not receive within that period any other emolument from the Government or any of its subdivisions
or instrumentalities. Until the National Assembly shall provide otherwise, the President shall receive an
annual salary of thirty thousand pesos. The Vice-President, when not acting as President, shall receive an
annual compensation of fifteen thousand pesos until otherwise provided by law.

SEC. 11. (1) The President shall have control of all the executive departments, bureaus, or offices, exercise
general supervision over all local governments as may be provided by law, and take care that the laws be
faithfully executed.

(2) The President shall be commander-in-chief of all armed forces of the Philippines and, whenever it
becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion,
insurrection, or rebellion, or imminent danger thereof, when the public safety requires it, he may suspend the
privileges of the writ of habeas corpus, or place the Philippines or any part thereof under martial law.

(3) The President shall nominate and with the consent of the Commission on Appointments of the National
Assembly shall appoint the heads of the executive departments and bureaus, officers of the Army from the
rank of colonel, of the Navy and air forces from the rank of captain or commander, and all other officers of
the Government whose appointments are not herein otherwise provided for, and those whom he may be
authorized by law to appoint; but the National Assembly may by law vest the appointment of inferior
officers, in the President alone, in the courts, or in the heads of departments.

(4) The President shall have the power to make appointments during the recess of the national Assembly, but
such appointments shall be effective only until disapproval by the Commission on Appointments or until the
next adjournment of the National Assembly.

(5) The President shall from time to time give to the National Assembly information of the state of the
Nation, and recommend to its consideration such measures as shall judge necessary and expedient.

(6) The President shall have the power to grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction, for all offenses, except in cases of impeachment, upon such conditions and with
such restrictions and limitations as he may deem proper to impose. He shall have the power to grant amnesty
with the concurrence of the National Assembly.

(7) The President shall have the power, with the concurrence of a majority of all the Members of the National
Assembly, to make treaties, and with the consent of the Commission on Appointments, he shall appoint
ambassadors, other public ministers, and consuls. He shall receive ambassadors and other ministers duly
accredited to the Government of the Philippines.

SEC. 12. (1) The executive departments of the present Government of the Philippine Islands shall continue as
now authorized by law until the National Assembly shall provide otherwise.

(2) The heads of departments and chiefs of bureaus or offices and their assistants shall not, during their
continuance in office, engage in the practice of any profession, or intervene, directly or indirectly, in the
management or control of any private enterprise which in any way may be affected by the functions of their
office; nor shall they, directly or indirectly, be financially interested in any contract with the Government, or
any subdivision or instrumentality thereof.
(3) The President may appoint the Vice-President as a member of his cabinet and also as head of an executive
department.

ARTICLE VIII.—JUDICIAL DEPARTMENT

SECTION 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be
established by law.

SEC. 2. The National Assembly shall have the power to define, prescribe, and apportion the jurisdiction of
the various courts, but may not deprive the Supreme Court of its original jurisdiction over cases affecting
ambassadors, other public ministers, and consuls, nor of its jurisdiction to review, revise, reverse, modify, or
affirm on appeal, certiorari, or writ of error, as the law or the rules of court may provide, final judgments and
decrees of inferior courts in-

(1) All cases in which the constitutionality or validity of any treaty, law, ordinance, or executive order or
regulation is in question.

(2) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation
thereto.

(3) All cases in which the jurisdiction of any trial courts is in issue.

(4) All criminal cases in which the penalty imposed is death or life imprisonment.

(5) All cases in which an error or question of law is involved.

SEC. 3. Until the National Assembly shall provide otherwise, the Supreme Court shall have such original and
appellate jurisdiction as may be possessed and exercised by the Supreme Court of the Philippine Islands at
the time of the adoption of this Constitution. The original jurisdiction of the Supreme Court shall include all
cases affecting ambassadors, other public ministers, and consuls.

SEC. 4. The Supreme Court shall be composed of a Chief Justice and ten Associate Justices and may sit
either in banc or in two divisions unless otherwise provided by law.

SEC. 5. The members of the Supreme Court and all judges of inferior courts shall be appointed by the
President with the consent of the Commission on Appointments of the National Assembly.

SEC. 6. No person may be appointed member of the Supreme Court unless he has been five years a citizen of
the Philippines, is at least forty years of age, and has for ten years or more been a judge of a court of record
or engaged in the practice of law in the Philippines.

SEC. 7. No judge appointed for a particular district shall be designated or transferred to another district
without the approval of the Supreme Court. The National Assembly shall by law determine the residence of
judges of inferior courts.

SEC. 8. The National Assembly shall prescribe the qualifications of judges of inferior courts, but no person
may be appointed judge of any such courts unless he is a citizen of the Philippines and has been admitted to
the practice of law in the Philippines.

SEC. 9. The members of the Supreme Court and all judges of inferior courts shall hold office during good
behavior, until they reach the age of seventy years, or become incapacitated to discharge the duties of their
office. They shall receive such compensation as may be fixed by law, which shall not be diminished during
the continuance in office. Until the National Assembly shall provide otherwise, the Chief Justice of the
Supreme Court shall receive an annual compensation of sixteen thousand pesos, and each Associate Justice,
fifteen thousand pesos.

SEC. 10. All cases involving the constitutionality of treaty or law shall be heard and decided by the Supreme
Court in banc, and no treaty or law may be declared unconstitutional without the concurrence of two-thirds
of all the members of the Court.
SEC. 11. The conclusions of the Supreme Court in any case submitted to it for decision shall be reached in
consultation before the case is assigned to a Justice for the writing of the opinion of the Court. Any Justice
dissenting from a decision shall state the reasons for his dissent.

SEC. 12. No decision shall be rendered by any court of record without expressing therein clearly and
distinctly the facts and the law on which it is based.

SEC. 13. The Supreme Court shall have the power to promulgate rules concerning pleading, practice, and
procedure in all courts, and the admission to the practice of law. Said rules shall be uniform for all courts of
the same grade and shall not diminish, increase, or modify substantive rights. The existing laws on pleading,
practice, and procedure are hereby repealed as statues, and are declared Rules of Courts, subject to the power
of the Supreme Court to alter and modify the same. The National Assembly shall have the power to repeal,
alter, or supplement the rules concerning pleading, practice, and procedure, and the admission to the practice
of law in the Philippines.

ARTICLE IX.—IMPEACHMENT

SECTION 1. The President, the Vice-President, the Justices of the Supreme Court, and the Auditor General,
shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution,
treason, bribery, or other high crimes.

SEC. 2. The Commission on Impeachment of the National Assembly, by a vote of two-thirds of its Members,
shall have the sole power of impeachment.

SEC. 3. The National Assembly shall have the sole power to try all impeachments. When sitting for that
purpose the Members shall be on oath or affirmation. When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of
three-fourths of all the Members who do not belong to the Commission on Impeachment.

SEC. 4. Judgment in cases of impeachment shall not extend further then to removal from office and
disqualification to hold and enjoy any office of honor, trust, or profit under the Government of the
Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and
punishment, according to law.

ARTICLE X.—GENERAL AUDITING OFFICE

SECTION 1. There shall be a General Auditing Office under the direction and control of an Auditor General,
who shall hold office for a term of ten years and may not be reappointed. The Auditor General shall be
appointed by the President with the consent of the Commission on Appointments, and shall receive an annual
compensation to Le fixed by law which shall not be diminished during his continuance in office. Until the
National Assembly shall provide otherwise, the Auditor General shall receive an annual compensation of
twelve thousand pesos.

SEC. 2. The Auditor General shall examine, audit, and settle all accounts pertaining to the revenues and
receipts from whatever source, including trust funds derived from bond issues; and audit, in accordance with
law and administrative regulations, all expenditures of funds or property pertaining to or held in trust by the
Government or the provinces or municipalities thereof. He shall keep the general accounts of the
Government and preserve the vouchers pertaining thereto. It shall be the duty of the Auditor General to bring
to the attention of the proper administrative officer expenditures of funds or property which, in his opinion,
are irregular, unnecessary, excessive, or extravagant. He shall also perform such other functions as may be
prescribed by law.

SEC. 3. The decisions of the Auditor General shall be rendered within the time fixed by law, and the same
may be appealed to the President whose action shall be final. When the aggrieved party is a private person or
entity, an appeal from the decision of the Auditor General may be taken directly to a court of record in the
manner provided by law.
SEC. 4. The Auditor General shall submit to the President and the National Assembly an annual report
covering the financial condition and operations of the Government, and such other reports as may be
required.

ARTICLE XI.—CIVIL SERVICE

SECTION 1. A Civil Service embracing all branches and subdivisions of the Government shall be provided
by law. Appointments in the Civil Service, except as to those which are policy-determining, primarily
confidential or highly technical in nature, shall be made only according to merit and fitness, to be determined
as far as practicable by competitive examination.

SEC. 2. Officers and employees in the Civil Service, including members of the armed forces, shall not
engage directly or indirectly in partisan political activities or take part in any election except to vote.

SEC. 3. No officer or employee of the Government shall receive additional or double compensation unless
specifically authorized by law.

SEC. 4. No officer or employee in the Civil Service shall be removed or suspended except for cause as
provided by law.

ARTICLE XII.—CONSERVATION AND UTILIZATION OF NATURAL RESOURCES

SECTION 1. All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces or potential energy, and other natural resources of the Philippines
belong to the State, and their disposition, exploitation, development, or utilization shall be limited to citizens
of the Philippines, or to corporations or associations at least sixty per centum of the capital of which is
owned by such citizens, subject to any existing right, grant, lease, or concession at the time of the
inauguration of the Government established under this Constitution. Natural resources, with the exception of
public agricultural land, shall not be alienated, and no license, concession, or lease for the exploitation,
development, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five
years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the
development of water power, in which cases beneficial use may be the measure and the limit of the grant.

SEC. 2. No private corporation or association may acquire, lease, or hold public agricultural lands in excess
of one thousand and twenty-four hectares, nor may any individual acquire such lands by purchase in excess
of one hundred and forty-four hectares, or by lease in excess of one thousand and twenty-four hectares, or by
homestead in excess of twenty-four hectares. Lands adapted to grazing, not exceeding two thousand hectares,
may be leased to an individual, private corporation, or association.

SEC. 3. The National Assembly may determine by law the size of private agricultural land which individuals,
corporations, or associations may acquire and hold, subject to rights existing prior to the enactment of such
law.

SEC. 4. The National Assembly may authorize, upon payment of just compensation, the expropriation of
lands to be subdivided into small lots and conveyed at cost to individuals.

SEC. 5. Save in cases of hereditary succession, no private agricultural land shall be transferred or assigned
except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain in
the Philippines.

SEC. 6. The State may, in the interest of national welfare and defense, establish and operate industries and
means of transportation and communication, and, upon payment of just compensation, transfer to public
ownership utilities and other private enterprises to be operated by the Government.

ARTICLE XIII.—GENERAL PROVISIONS

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by law.
SEC. 2. All public officers and members of the armed forces shall take an oath to support and defend the
Constitution.

SEC. 3. The National Assembly shall take steps toward the development and adoption of a common national
language based on one of the existing native languages. Until otherwise provided by law, English and
Spanish shall continue as official languages.

SEC. 4. The State shall promote scientific research and invention. Arts and letters shall be under its
patronage. The exclusive right to writings and inventions shall be secured to authors and inventors for a
limited period.

SEC. 5. All educational institutions shall be under the supervision of and subject to regulation by the State.
The Government shall establish and maintain a complete and adequate system of public education, and shall
provide at least free public primary instruction, and citizenship training to adult citizens. All schools shall
aim to develop moral character, personal discipline, civic conscience, and vocational efficiency, and to teach
the duties of citizenship. Optional religious instruction shall be maintained in the public schools as now
authorized by law. Universities established by the State shall enjoy academic freedom. The State shall create
scholarships in arts, science, and letters for specially gifted citizens.

SEC. 6. The State shall afford protection to labor, especially to working women and minors, and shall
regulate the relations between landowner and tenant, and between labor and capital in industry and in
agriculture. The State may provide for compulsory arbitration.

SEC. 7. The National Assembly shall not, except by general law, provide for the formation, organization, or
regulation of private corporations, unless such corporations are owned or controlled by the Government or
any subdivision or instrumentality thereof.

SEC. 8. No franchise, certificate, or any other form of authorization for the operation of a public utility shall
be granted except to citizens of the Philippines or to corporations or other entities organized under the laws
of the Philippines, sixty per centum of the capital of which is owned by citizens of the Philippines, nor shall
such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years.
No franchise or right shall be granted to any individual, firm, or corporation, except under the condition that
it shall be subject to amendment, alteration, or repeal by the National Assembly when the public interest so
requires.

SEC. 9. The Government shall organize and maintain a national police force to preserve public order and
enforce the law.

SEC. 10. This Constitution shall be officially promulgated in English and Spanish, but in case of conflict the
English text shall prevail.

ARTICLE XIV.—AMENDMENTS

SECTION 1. The National Assembly, by a vote of three-fourths of all its Members, may propose
amendments to this Constitution or call a convention for that purpose. Such amendments shall be valid as
part of this Constitution when approved by a majority of the votes cast at an election at which the
amendments are submitted to the people for their ratification.

ARTICLE XV.—TRANSITORY PROVISIONS

SECTION 1. The first election of the officers provided in this Constitution and the inauguration of the
Government of the Commonwealth of the Philippines shall take place as provided in Public Act Numbered
One hundred and twenty-seven of the Congress of the United States, approved March twenty-four, nineteen
hundred and thirty-four.

SEC. 2. All laws of the Philippine Islands shall continue in force until the inauguration of the Commonwealth
of the Philippines; thereafter, such laws shall remain operative, unless inconsistent with this Constitution,
until amended, altered, modified, or repealed by the National Assembly, and all references in such laws to the
Government or officials of the Philippine Islands shall be construed, in so far as applicable, to refer to the
Government and corresponding officials under this Constitution.

SEC. 3. All courts existing at the time of the adoption of this Constitution shall continue and exercise their
jurisdiction, until otherwise provided by law in accordance with this Constitution, and all cases, civil and
criminal, pending in said courts, shall be heard, tried and determined under the laws then in force.

SEC. 4. All officers and employees in the existing Government of the Philippine Islands shall continue in
office until the National Assembly shall provide otherwise, but all officers whose appointments are by this
Constitution vested in the President shall vacate their respective offices upon the appointment and
qualification of their successors, if such appointment is made within a period of one year from the date of the
inauguration of the Commonwealth of the Philippines.

SEC. 5. The Members of the National Assembly for theMountainProvinceshall be elected as may be
provided by law. The voters of municipalities and municipal districts formerly belonging to a special
province and now forming part of regular provinces shall vote in the election for Members of the National
Assembly in such districts as may be provided by law.

SEC. 6. The provisions of this Constitution, except those contained in this article and in Article V, and those
which refer to the election and qualifications of officers to be elected under this Constitution, shall not take
effect until the inauguration of the Commonwealth of the Philippines.

ARTICLE XVI.—SPECIAL PROVISIONS EFFECTIVE UPON THE PROCLAMATION OF THE

INDEPENDENCE OF THE PHILIPPINES.

SECTION 1. Upon the proclamation of the President of the United States recognizing the independence of
the Philippines—

(1) The property rights of the United States and the Philippines shall be promptly adjusted and settled, and all
existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and
safeguarded to the same extent as property rights of citizens of the Philippines.

(2) The officials elected and serving under this Constitution shall be constitutional officers of the free and
independent government of the Philippines and qualified to function in all respects as if elected directly
under such Government, and shall serve their full terms of office as prescribed in this Constitution.

(3) The debts and liabilities of the Philippines, its provinces, cities, municipalities, and instrumentalities,
which shall be valid and subsisting at the time of the final and complete withdrawal of the sovereignty of the
United States, shall be assumed by the free and independent government of the Philippines; and where bonds
have been issued under authority of an Act of Congress of the United States by the Philippine Islands, or any
province, city, or municipality therein, the Government of the Philippines will make adequate provision for
the necessary funds for the payment of interest and principal, and such obligations shall be a first lien on all
taxes collected.

(4) The Government of the Philippines will assume all continuing obligations of the United States under the
Treaty of Peace withSpainceding the Philippine Islands to the United States.

ARTICLE XVII.—THE COMMONWEALTH AND THE REPUBLIC

SECTION 1. The government established by this Constitution shall be known as the Commonwealth of the
Philippines. Upon the final and complete withdrawal of the sovereignty of the United States and the
proclamation of Philippine independence, the Commonwealth of the Philippines shall thenceforth be known
as the Republic of the Philippines.

ORDINANCE APPENDED TO THE CONSTITUTION

SECTION 1. Notwithstanding the provisions of the foregoing Constitution, pending the final and complete
withdrawal of the sovereignty of the United States over the Philippines—
(1) All citizens of the Philippines shall owe allegiance to the United States.

(2) Every officer of the Government of the Commonwealth of the Philippines shall, before

entering upon the discharge of his duties, take and subscribe an oath of office, declaring, among other things,
that he recognizes and accepts the supreme authority of and will maintain true faith and allegiance to the
United States.

(3)Absolute toleration of religious sentiment shall be secured and no inhabitant or religious organization shall
be molested in person or property on account of religious belief or mode or worship.

(4) Property owned by the United States, cemeteries, churches, and parsonages or convents appurtenant
thereto, and all lands, buildings, and improvements used exclusively for religious, charitable, or educational
purposes shall be exempt for taxation.

(5) Trade relations between the Philippines and the United States shall be upon the basis prescribed in section
six of Public Act Numbered One hundred and twenty-seven of the Congress of the United States approved
March twenty-four, nineteen hundred and thirty-four.

(6) The public debt of the Philippines and its subordinate branches shall not exceed limits now or hereafter
fixed by the Congress of the United States, and no loans shall be contracted in foreign countries without the
approval of the President of the United States.

(7) The debts, liabilities, and obligations of the present Government of the Philippine Islands, its provinces,
municipalities, and instrumentalities, valid and subsisting at the time of the adoption of the Constitution, shall
be assumed and paid by the Government of the Commonwealth of the Philippines.

(8) The Government of the Commonwealth of the Philippines shall establish and maintain an adequate
system of public schools, primarily conducted in the English language.

(9) Acts affecting currency, coinage, imports, exports, and immigration shall not become law until approved
by the President of the United States.

(10) Foreign affairs shall be under the direct supervision and control of the United States.

(11) All acts passed by the National Assembly of the Commonwealth of the Philippines shall be reported to
the Congress of the United States.

(12) The Philippines recognizes the right of the United States to expropriate property for public uses, to
maintain military and other reservations and armed forces in the Philippines, and, upon order of the President
of the United States, to call into the service of such armed forces all military forces organized by the
Government of the Commonwealth of the Philippines.

(13) The decisions of the courts of the Philippines shall be subject to review by the Supreme Court of the
United States as now provided by law, and such review shall also extend to all cases involving the
Constitution of the Philippines.

(14) Appeals from decisions of the Auditor General may be taken to the President of the United States.

(15) The United States may, by Presidential proclamation, exercise the right to intervene for the preservation
of the Government of the Commonwealth of the Philippines and for the maintenance of the Government as
provided in the Constitution thereof, and for the protection of life, property, and individual liberty and for the
discharge of Government obligations under and in accordance with the provisions of the Constitution.

(16) The authority of the United States High Commissioner to the Government of the Commonwealth of the
Philippines as provided in Public Act Numbered One hundred and twenty-seven of the Congress of the
United States approved March twenty-four, nineteen hundred and thirty-four, is hereby recognized.

(17) Citizens and corporations of the United States shall enjoy in the Commonwealth of the Philippines all
the civil rights of the citizens and corporations, respectively, thereof.
(18) Every duly adopted amendment to the Constitution of the Philippines shall be submitted to the President
of the United States for approval. If the President approve the amendment or if the President fail to
disapprove such amendment within six months from the time of its submission, the amendment shall take
effect as a part of such Constitution.

(19) The President of the United States shall have authority to suspend the taking effect of or the operation of
any law, contract, or executive order of the Government of the Commonwealth of the Philippines, which in
his judgment will result in a failure of the Government of the Commonwealth of the Philippines to fulfill its
contracts, or to meet its bonded indebtedness and interest thereon or to provide for its sinking funds, or which
seems likely to impair the reserves for the protection of the currency of the Philippines, or which in his
judgment will violate international obligations of the United States.

(20) The President of the Commonwealth of the Philippines shall make an annual report to the President and
Congress of the United States of the proceedings and operations of the Government of the Commonwealth of
the Philippines and shall make such other reports as the President or Congress may request.

SEC. 2. Pending the final and complete withdrawal of the sovereignty of the United States over the
Philippines, there shall be a Resident Commissioner of the Philippines to the United Stateswho shall be
appointed by the President of the Commonwealth of the Philippines with the consent of the Commission on
Appointments. The powers and duties of the Resident Commissioner shall be as provided in section seven,
paragraph five of Public Act Numbered One hundred and twenty-seven of the Congress of the United States,
approved March twenty-four, nineteen hundred and thirty-four, together with such other duties as the
National Assembly may determine. The qualifications, compensation, and expenses of the Resident
Commissioner shall be fixed by law.

SEC. 3. All other provisions of Public Act Numbered One hundred and twenty-seven of the Congress of the
United States, approved March twenty-four, nineteen hundred and thirty-four, applicable to the Government
of the Commonwealth of the Philippines are hereby made a part of this Ordinance as if such provisions were
expressly interested herein.

I HEREBY CERTIFY that this Constitution was adopted by the Constitutional Convention on February 8,
1935.

(Sgd.) CLARO M. RECTO

President, Constitutional Convention

ATTEST:

(Sgd.) N. PIMENTEL

Secretary, Constitutional Convention

(https://www.officialgazette.gov.ph/constitutions/the-1935-constitution/)

Independence to martial law

From the moment of independence, Filipino politics have been plagued by the twin demons of
corruption and scandal. Notwithstanding, Presidents Ramon Magsaysay (1953-57), Carlos Garcia
(1957-61), and Diosdado Macapagal (1961-65) managed to stabilize the country, implement domestic
reforms, diversify the economy, and build Philippine ties not only to the United States but also to its
Asian neighbors.

Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the first president to be so
re-elected. Desirous of remaining in power beyond his legal tenure, he declared martial law in 1972, just
before the end of his second and last term, citing a growing communist insurgency as its justification.
He then manipulated an ongoing Constitutional Convention and caused the drafting of a new
constitution – the 1973 Constitution – which allowed him to rule by decree until 1978 when the
presidential system of the 1935 Constitution was replaced with a parliamentary one. Under this new
system, Marcos held on to power and continued to govern by decree, suppressing democratic
institutions and restricting civil freedoms. In 1981, martial law was officially lifted, but Marcos continued
to rule by the expedient of being “re-elected” in a farce of an election to a new 6-year term. He
continued to suppress dissent and thousands of vocal objectors to his rule either mysteriously
disappeared or were incarcerated. Despite the economic decline, corruption allowed Marcos and his
wife Imelda to live extravagantly, causing resentment domestically and criticism internationally.

The people’s choice

When opposition leader Benigno Aquino Jr. was assassinated upon returning from exile in 1983,
widespread outrage forced Marcos to hold “snap” elections a year early. The election was marked by
fraud on the part of Marcos and his supporters but Marcos had himself declared the winner
constitutionally, amidst international condemnation and nationwide domestic protests. A small band of
military rebels tried to mount a coup, which failed because of its discovery, but this triggered what
became internationally celebrated as the “People Power” revolution, when droves of people spilled out
onto the streets to protect the rebels, eventually numbering well over a million. Under pressure from the
United States, Marcos and his family fled into exile. His election opponent, Benigno Aquino Jr.’s widow
Corazon, was installed as president on February 25, 1986.

The 1987 Constitution

Aquino began her term by repealing many of the Marcos-era regulations that had repressed the people
for so long. In March, she issued a unilateral proclamation establishing a provisional constitution. This
constitution gave the President broad powers and great authority, but Aquino promised to use them only
to restore democracy under a new constitution. This new constitution was drafted in 133 days by an
appointed Constitutional Commission of 48 members and ratified by the people in a plebiscite held on
February 2, 1987. It was largely modeled on the American Constitution which had so greatly influenced
the 1935 Constitution, but it also incorporated Roman, Spanish, and Anglo law.

The 1987 Constitution established a representative democracy with power divided among three
separate and independent branches of government: the Executive, a bicameral Legislature, and the
Judiciary. There were three independent constitutional commissions as well: the Commission on Audit,
the Civil Service Commission, and the Commission on Elections. Integrated into the Constitution was a
full Bill of Rights, which guaranteed fundamental civil and political rights, and is provided for free, fair,
and periodic elections. In comparison with the weak document that had given Marcos a legal fiction
behind which to hide, this Constitution seemed ideal to many Filipinos emerging from 20 years of
political repression and oppression.   

System of Government under the 1987 Constitution

Branch Hierarchy Appointment Powers Removal

Executive President Elected by a direct vote  Nominates the  Upon the

Cabinet and other high end of 6-year term
 Branch Hierarchy Appointment Powers Removal

Cabinet  Nominated by the officials  Upon

President and confirmed by a  Head of Government resignation
commission on appointments  Upon
 Ensures faithful
execution of the laws impeachment by the
legislature
 Commander-in-Chief
of the Armed Forces
 Upon
 Contracts for foreign
removal by the
loans
President
 Declares martial law
 Upon
resignation
 Advises the President

Legislative Senate  Elected by a direct vote  Election monitoring  Upon

 Introduces and resignation
 Elected by districts or a passes legislation by a  Upon the
House of party-list system majority vote end of a 6 - year
Representatives  Conducted inquiries term
in pursuit of passing legislation
 Declares war with a  Upon
joint two-thirds vote of resignation
Congress  Upon the
end of a 3- year term
 Election monitoring
 Introduces and
passes legislation
 Introduces and
passes financial legislation
 Conduct inquiries in
pursuit of passing legislation
 Declaring war with
joint two-thirds vote of
Congress

Judicial Supreme Court  Appointed by the President  Administrative  Upon

supervision over other courts resignation
 Jurisdiction over  Upon
cases involving ambassadors reaching the age of
and public officials 70
 Constitutional review

Issues and Challenges

Issues Challenges

 Economic development – how to ensure that  Corruption

economic growth also benefits the poorer classes? 
 Minority rights – how to ensure multi-
ethnicity and pluralism for religious and ethnic
minorities?
 De-concentration of power – how to reduce 
Poor law enforcement and an ineffective
justice system
 Lack of transparency and accountability
in public office
Polarization between the few who are
Issues Challenges

the considerable power of the political and economic wealthy and the many who are poor
elites and give more actual power to the people?  Weak actual protection of the human
 Better governance – how to make rights of vulnerable groups (women, children,
government more effective in meeting the nation’s minorities, journalists, political activists)
aspirations?  Involvement of the military in political
 Spreading growth – how to have more even questions
regional development?  Ending the Muslim insurgency in
southern Mindanao
(http://constitutionnet.org/country/constitutional-history-philippines)

Agrarian Reform History

Pre-Spanish Period

“This land is Ours God gave this land to us”

Before the Spaniards came to the Philippines, Filipinos lived in villages or barangays ruled by chiefs
or datus. The datus comprised the nobility. Then came the maharlikas (freemen), followed by the
aliping mamamahay (serfs) and aliping saguiguilid (slaves).

However, despite the existence of different classes in the social structure, practically everyone had
access to the fruits of the soil. Money was unknown, and rice served as the medium of exchange.

Spanish Period

“United we stand, divided we fall”

When the Spaniards came to the Philippines, the concept of encomienda (Royal Land Grants) was
introduced. This system grants that Encomienderos must defend his encomienda from external
attack, maintain peace and order within and support the missionaries. In turn, the encomiendero
acquired the right to collect tribute from the indios (native).

The system, however, degenerated into the abuse of power by the encomienderos The tribute soon
became land rents to a few powerful landlords. And the natives who once cultivated the lands in
freedom were transformed into mere share tenants.

The first Philippine Republic

“The yoke has finally broken”

When the First Philippine Republic was established in 1899, Gen. Emilio Aguinaldo declared in the
Malolos Constitution his intention to confiscate large estates, especially the so-called Friar lands.

However, as the Republic was short-lived, Aguinaldo’s plan was never implemented.

American Period
“Long live America”

Significant legislation enacted during the American Period:

 Philippine Bill of 1902 – Set the ceilings on the hectarage of private individuals and
corporations may acquire: 16 has. for private individuals and 1,024 has. for corporations.
 Land Registration Act of 1902 (Act No. 496) – Provided for a comprehensive registration of
land titles under the Torrens system.
 Public Land Act of 1903 – introduced the homestead system in the Philippines.
 Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated relationships between landowners
and tenants of rice (50-50 sharing) and sugar cane lands.
The Torrens system, which the Americans instituted for the registration of lands, did not solve the
problem completely. Either they were not aware of the law or if they did, they could not pay the
survey cost and other fees required in applying for a Torrens title.

Commonwealth Period

“Government for the Filipinos”

President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing social
unrest in Central Luzon.

Significant legislation enacted during the Commonwealth Period:

 1935 Constitution – "The promotion of social justice to ensure the well-being and economic
security of all people should be the concern of the State"
 Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. 4045), Nov. 13, 1936
– Provided for certain controls in the landlord-tenant relationships
 National Rice and Corn Corporation (NARIC), 1936 – Established the price of rice and corn
thereby help the poor tenants as well as consumers.
 Commonwealth Act. No. 461, 1937 – Specified reasons for the dismissal of tenants and only
with the approval of the Tenancy Division of the Department of Justice.
 Rural Program Administration, created March 2, 1939 – Provided the purchase and lease of
haciendas and their sale and lease to the tenants.
Commonwealth Act No. 441 enacted on June 3, 1939 – Created the National Settlement
Administration with a capital stock of P20,000,000.

Japanese Occupation

“The Era of Hukbalahap”

The Second World War II started in Europe in 1939 and in the Pacific in 1941.

Hukbalahap controlled whole areas of Central Luzon; landlords who supported the Japanese lost
their lands to peasants while those who supported the Huks earned fixed rentals in favor of the
tenants.

Unfortunately, the end of the war also signaled the end of gains acquired by the peasants.

Upon the arrival of the Japanese in the Philippines in 1942, peasants and workers organizations
grew strength. Many peasants took up arms and identified themselves with the anti-Japanese
group, the HUKBALAHAP (Hukbo ng Bayan Laban sa Hapon).
Philippine Republic

“The New Republic”

After the establishment of the Philippine Independence in 1946, the problems of land tenure
remained. These became worst in certain areas. Thus the Congress of the Philippines revised the
tenancy law.

President Manuel A. Roxas (1946-1948) enacted the following laws:

 Republic Act No. 34 -- Established the 70-30 sharing arrangements and regulating share-
tenancy contracts.
 Republic Act No. 55 -- Provided for a more effective safeguard against arbitrary ejectment
of tenants.
Elpidio R. Quirino (1948-1953) enacted the following law:
Executive Order No. 355 issued on October 23, 1950 -- Replaced the National Land Settlement
Administration with Land Settlement Development Corporation (LASEDECO) which takes over the
responsibilities of the Agricultural Machinery Equipment Corporation and the Rice and Corn
Production Administration.

Ramon Magsaysay (1953-1957) enacted the following laws:

 Republic Act No. 1160 of 1954 -- Abolished the LASEDECO and established the National
Resettlement and Rehabilitation Administration (NARRA) to resettle dissidents and landless farmers.
It was particularly aimed at rebel returnees providing home lots and farmlands in Palawan and
Mindanao.
 Republic Act No. 1199 (Agricultural Tenancy Act of 1954) -- governed the relationship
between landowners and tenant farmers by organizing share-tenancy and leasehold system. The
law provided the security of tenure of tenants. It also created the Court of Agrarian Relations.
 Republic Act No. 1400 (Land Reform Act of 1955) -- Created the Land Tenure Administration
(LTA) which was responsible for the acquisition and distribution of large tenanted rice and corn
lands over 200 hectares for individuals and 600 hectares for corporations.
 Republic Act No. 821 (Creation of Agricultural Credit Cooperative Financing Administration)
-- Provided small farmers and share tenants loans with low-interest rates of six to eight percent.
President Carlos P. Garcia (1957-1961)
Continued the program of President Ramon Magsaysay. No new legislation passed.

President Diosdado P. Macapagal (1961-1965) enacted the following law:

Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) -- Abolished share
tenancy, institutionalized leasehold, set retention limit at 75 hectares, invested rights of preemption
and redemption for tenant farmers, provided for an administrative machinery for implementation,
institutionalized a judicial system of agrarian cases, incorporated extension, marketing and
supervised credit system of services of farmer-beneficiaries.

The RA was hailed as one that would emancipate Filipino farmers from the bondage of tenancy.

President Ferdinand E. Marcos (1965-1986)

Proclamation No. 1081 on September 21, 1972, ushered the Period of the New Society. Five days
after the proclamation of Martial Law, the entire country was proclaimed a land reform area and
simultaneously the Agrarian Reform Program was decreed.
President Marcos enacted the following laws:

 Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 -- Created the
Department of Agrarian Reform and the Agrarian Reform Special Account Fund. It strengthens the
position of farmers and expanded the scope of agrarian reform.
 Presidential Decree No. 2, September 26, 1972 -- Declared the country under the land
reform program. It enjoined all agencies and offices of the government to extend full cooperation
and assistance to the DAR. It also activated the Agrarian Reform Coordinating Council.
 Presidential Decree No. 27, October 21, 1972 -- Restricted land reform scope to tenanted
rice and corn lands and set the retention limit at 7 hectares.
President Corazon C. Aquino (1986-1992)
The Constitution ratified by the Filipino people during the administration of President Corazon C.
Aquino provides under Section 21 under Article II that “The State shall promote comprehensive
rural development and agrarian reform.”

On June 10, 1988, former President Corazon C. Aquino signed into law Republic Act No. 6657 or
otherwise known as the Comprehensive Agrarian Reform Law (CARL). The law became effective on
June 15, 1988.

Subsequently, four Presidential issuances were released in July 1987 after 48 nationwide
consultations before the actual law was enacted.

President Corazon C. Aquino enacted the following laws:

 Executive Order No. 228, July 16, 1987 – Declared full ownership to qualified farmer-
beneficiaries covered by PD 27. It also determined the value remaining unvalued rice and corn
lands subject of PD 27 and provided for the manner of payment by the FBs and mode of
compensation to landowners.
 Executive Order No. 229, July 22, 1987 – Provided mechanism for the implementation of the
Comprehensive Agrarian Reform Program (CARP).
 Proclamation No. 131, July 22, 1987 – Instituted the CARP as a major program of the
government. It provided for a special fund known as the Agrarian Reform Fund (ARF), with an initial
amount of Php50 billion to cover the estimated cost of the program from 1987-1992.
 Executive Order No. 129-A, July 26, 1987 – streamlined and expanded the power and
operations of the DAR.
 Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Law) – An act which
became effective June 15, 1988, and instituted a comprehensive agrarian reform program to
promote social justice and industrialization providing the mechanism for its implementation and for
other purposes. This law is still the one being implemented at present.
 Executive Order No. 405, June 14, 1990 – Vested in the Land Bank of the Philippines the
responsibility to determine land valuation and compensation for all lands covered by CARP.
 Executive Order No. 407, June 14, 1990 – Accelerated the acquisition and distribution of
agricultural lands, pasture lands, fishponds, agroforestry lands and other lands of the public domain
suitable for agriculture.
President Fidel V. Ramos (1992-1998)
When President Fidel V. Ramos formally took over in 1992, his administration came face to face
with the publics who have lost confidence in the agrarian reform program. His administration
committed to the vision “Fairer, faster and more meaningful implementation of the Agrarian
Reform Program.

President Fidel V. Ramos enacted the following laws:

 Republic Act No. 7881, 1995 – Amended certain provisions of RA 6657 and exempted
fishponds and prawns from the coverage of CARP.
 Republic Act No. 7905, 1995 – Strengthened the implementation of the CARP.
 Executive Order No. 363, 1997 – Limits the type of lands that may be converted by setting
conditions under which limits the type of lands that may be converted by setting conditions under
which specific categories of agricultural land are either absolutely non-negotiable for conversion or
highly restricted for conversion.
 Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization Act AFMA) – Plugged
the legal loopholes in land use conversion.
 Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an additional Php50 billion
for CARP and extended its implementation for another 10 years.
President Joseph E. Estrada (1998-2000)
“ERAP PARA SA MAHIRAP’. This was the battle cry that endeared President Joseph Estrada and
made him very popular during the 1998 presidential election.

President Joseph E. Estrada initiated the enactment of the following law:

Executive Order N0. 151, September 1999 (Farmer’s Trust Fund) – Allowed the voluntary
consolidation of small farm operation into medium and large scale integrated enterprise that can
access long-term capital.

During his administration, President Estrada launched the Magkabalikat Para sa Kaunlarang Agraryo
or MAGKASAKA. The DAR forged into joint ventures with private investors into the agrarian sector
to make FBs competitive.

However, the Estrada Administration was short-lived. The masses who put him into office
demanded his ouster.

President Gloria Macapagal-Arroyo (2000-2010)

The agrarian reform program under the Arroyo administration is anchored on the vision “To make
the countryside economically viable for the Filipino family by building partnership and promoting
social equity and new economic opportunities towards lasting peace and sustainable rural
development.”

Land Tenure Improvement - DAR will remain vigorous in implementing land acquisition and
distribution component of CARP. The DAR will improve the land tenure system through land
distribution and leasehold.

Provision of Support Services - CARP not only involves the distribution of lands but also included a
package of support services which includes: credit assistance, extension services, irrigation facilities,
roads and bridges, marketing facilities and training and technical support programs.

Infrastructure Projects - DAR will transform the agrarian reform communities (ARCs), an area
focused and integrated the delivery of support services, into rural economic zones that will help in
the creation of job opportunities in the countryside.

KALAHI ARZone - The KALAHI Agrarian Reform (KAR) Zones were also launched. These zones
consist of one or more municipalities with a concentration of ARC population to achieve greater
agro-productivity.
Agrarian Justice - To help clear the backlog of agrarian cases, DAR will hire more paralegal officers
to support undermanned adjudicatory boards and introduce a quota system to compel
adjudicators to work faster on agrarian reform cases. DAR will respect the rights of both farmers
and landowners.

President Benigno Aquino III (2010-2016)

President Benigno Aquino III vowed during his 2012 State of the Nation Address that he would
complete before the end of his term the Comprehensive Agrarian Reform Program (CARP), the
centerpiece program of the administration of his mother, President Corazon Aquino.

The younger Aquino distributed their family-owned Hacienda Luisita in Tarlac. Apart from the said
farm lots, he also promised to complete the distribution of privately-owned lands of productive
agricultural estates in the country that have escaped the coverage of the program.

Under his administration, the Agrarian Reform Community Connectivity and Economic Support
Services (ARCCESS) project were created to contribute to the overall goal of rural poverty reduction
especially in agrarian reform areas.

Agrarian Production Credit Program (APCP) provided credit support for crop production to newly
organized and existing agrarian reform beneficiaries’ organizations (ARBOs) and farmers’
organizations not qualified to avail themselves of loans under the regular credit windows of banks.

The legal case monitoring system (LCMS), a web-based legal system for recording and monitoring
various kinds of agrarian cases at the provincial, regional and central offices of the
DAR to ensure faster resolution and close monitoring of agrarian-related cases, was also launched.

Aside from these initiatives, Aquino also enacted Executive Order No. 26, Series of 2011, to
mandate the Department of Agriculture-Department of Environment and Natural Resources-
Department of Agrarian Reform Convergence Initiative to develop a National Greening Program in
cooperation with other government agencies.

President Rodrigo Roa Duterte (2016 – present) 

Under his leadership, the President wants to pursue an “aggressive” land reform program that
would help alleviate the life of poor Filipino farmers by prioritizing the provision of support services
alongside land distribution.

The President directed the DAR to launch the 2nd phase of agrarian reform where landless farmers
would be awarded undistributed lands under the Comprehensive Agrarian Reform Program (CARP).

Duterte plans to place almost all public lands, including military reserves, under agrarian reform.

The President also placed 400 hectares of agricultural land in Boracay under CARP.

Under his administration, the DAR created an anti-corruption task force to investigate and handle
reports on alleged anomalous activities by officials and employees of the department.

The Department also pursues an “Oplan Zero Backlog” in the resolution of cases in relation to
agrarian justice delivery of the agrarian reform program to fast-track the implementation of CARP.
(http://www.dar.gov.ph/about-us/agrarian-reform-history/)
Republic Act No. 6657             June 10, 1988

AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE

SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS
IMPLEMENTATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
Preliminary Chapter

Section 1. Title. — This Act shall be known as the Comprehensive Agrarian Reform Law of 1988.

Section 2. Declaration of Principles and Policies. — It is the policy of the State to pursue a
Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and
farmworkers will receive the highest consideration to promote social justice and to move the nation
toward sound rural development and industrialization, and the establishment of owner cultivatorship of
economic-size farms as the basis of Philippine agriculture.

To this end, a more equitable distribution and ownership of land, with due regard to the rights of
landowners to just compensation and to the ecological needs of the nation, shall be undertaken to
provide farmers and farmworkers with the opportunity to enhance their dignity and improve the quality of
their lives through greater productivity of agricultural lands.

The agrarian reform program is founded on the right of farmers and regular farmworkers, who are
landless, to own directly or collectively the lands they till or, in the case of other farm workers, to receive
a just share of the fruits thereof. To this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to the priorities and retention limits set forth in this Act,
having taken into account ecological, developmental, and equity considerations, and subject to the
payment of just compensation. The State shall respect the right of small landowners, and shall provide
incentives for voluntary land-sharing.

The State shall recognize the right of farmers, farmworkers and landowners, as well as cooperatives
and other independent farmers' organizations, to participate in the planning, organization, and
management of the program, and shall provide support to agriculture through appropriate technology
and research, and adequate financial production, marketing and other support services.

The State shall apply the principles of agrarian reform, or stewardship, whenever applicable, in
accordance with law, in the disposition or utilization of other natural resources, including lands of the
public domain, under lease or concession, suitable to agriculture, subject to prior rights, homestead
rights of small settlers and the rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates, which shall be
distributed to them in the manner provided by law.

By means of appropriate incentives, the State shall encourage the formation and maintenance of
economic-size family farms to be constituted by individual beneficiaries and small landowners.

The State shall protect the rights of subsistence fishermen, especially of local communities, to the
preferential use of communal marine and fishing resources, both inland and offshore.t shall provide
support to such fishermen through appropriate technology and research, adequate financial, production
and marketing assistance and other services. The State shall also protect, develop and conserve such
resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and
fishing resources.

The State shall be guided by the principles that land has a social function and land ownership has a
social responsibility. Owners of agricultural lands have the obligation to cultivate directly or through
labor administration the lands they own and thereby make the land productive.
The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program
to promote industrialization, employment and privatization of public sector enterprises. Financial
instruments used as payment for lands shall contain features that shall enhance negotiability and
acceptability in the marketplace.

The State may lease undeveloped lands of the public domain to qualified entities for the development of
capital-intensive farms, and traditional and pioneering crops especially those for exports subject to the
prior rights of the beneficiaries under this Act.

Section 3. Definitions. — For the purpose of this Act, unless the context indicates otherwise:

(a) Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to
farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to
include the totality of factors and support services designed to lift the economic status of the
beneficiaries and all other arrangements alternative to the physical redistribution of lands, such
as production or profit-sharing, labor administration, and the distribution of shares of stocks,
which will allow beneficiaries to receive a just share of the fruits of the lands they work.

(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the soil,
planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the
harvesting of such farm products, and other farm activities and practices performed by a farmer
in conjunction with such farming operations done by person whether natural or juridical.

(c) Agricultural Land refers to land devoted to agricultural activity as defined in this Act and not
classified as mineral, forest, residential, commercial or industrial land.

(d) Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether
leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including
disputes concerning farmworkers' associations or representation of persons in negotiating,
fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial
arrangements.

It includes any controversy relating to compensation of lands acquired under this Act and other
terms and conditions of transfer of ownership from landowners to farmworkers, tenants and
other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of
farm operator and beneficiary, landowner and tenant, or lessor and lessee.

(e) Idle or Abandoned Land refers to any agricultural land not cultivated, tilled or developed to
produce any crop nor devoted to any specific economic purpose continuously for a period of
three (3) years immediately prior to the receipt of notice of acquisition by the government as
provided under this Act, but does not include land that has become permanently or regularly
devoted to non-agricultural purposes.t does not include land which has become unproductive by
reason of force majeure or any other fortuitous event, provided that prior to such event, such
land was previously used for agricultural or other economic purpose.

(f) Farmer refers to a natural person whose primary livelihood is cultivation of land or the
production of agricultural crops, either by himself, or primarily with the assistance of his
immediate farm household, whether the land is owned by him, or by another person under a
leasehold or share tenancy agreement or arrangement with the owner thereof.

(g) Farmworker is a natural person who renders service for value as an employee or laborer in
an agricultural enterprise or farm regardless of whether his compensation is paid on a daily,
weekly, monthly or "pakyaw" basis. The term includes an individual whose work has ceased as
a consequence of, or in connection with, a pending agrarian dispute and who has not obtained a
substantially equivalent and regular farm employment.
 (h) Regular Farmworker is a natural person who is employed on a permanent basis by an
agricultural enterprise or farm.

(i) Seasonal Farmworker is a natural person who is employed on a recurrent, periodic or

intermittent basis by an agricultural enterprise or farm, whether as a permanent or a non-
permanent laborer, such as "dumaan", "sacada", and the like.

(j) Other Farmworker is a farmworker who does not fall under paragraphs (g), (h) and (i).

(k) Cooperatives shall refer to organizations composed primarily of small agricultural producers,
farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily organize
themselves for the purpose of pooling land, human, technological, financial or other economic
resources, and operated on the principle of one member, one vote. A juridical person may be a
member of a cooperative, with the same rights and duties as a natural person.

CHAPTER II
Coverage

Section 4. Scope. — The Comprehensive Agrarian Reform Law of 1989 shall cover, regardless of
tenurial arrangement and commodity produced, all public and private agricultural lands, as provided in
Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable
for agriculture.

More specifically the following lands are covered by the Comprehensive Agrarian Reform Program:

(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture.
No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the
approval of this Act until Congress, taking into account ecological, developmental and equity
considerations, shall have determined by law, the specific limits of the public domain.

(b) All lands of the public domain in excess of the specific limits as determined by Congress in
the preceding paragraph;

(c) All other lands owned by the Government devoted to or suitable for agriculture; and

(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products
raised or that can be raised thereon.

Section 5. Schedule of Implementation. — The distribution of all lands covered by this Act shall be
implemented immediately and completed within ten (10) years from the effectivity thereof.

Section 6. Retention Limits. — Except as otherwise provided in this Act, no person may own or retain,
directly or indirectly, any public or private agricultural land, the size of which shall vary according to
factors governing a viable family-size farm, such as commodity produced, terrain, infrastructure, and
soil fertility as determined by the Presidential Agrarian Reform Council (PARC) created hereunder, but
in no case shall retention by the landowner exceed five (5) hectares. Three (3) hectares may be
awarded to each child of the landowner, subject to the following qualifications: (1) that he is at least
fifteen (15) years of age; and (2) that he is actually tilling the land or directly managing the farm:
provided, that landowners whose lands have been covered by Presidential Decree No. 27 shall be
allowed to keep the areas originally retained by them thereunder: provided, further, that original
homestead grantees or their direct compulsory heirs who still own the original homestead at the time of
the approval of this Act shall retain the same areas as long as they continue to cultivate said
homestead.
The right to choose the area to be retained, which shall be compact or contiguous, shall pertain to the
landowner: provided, however, that in case the area selected for retention by the landowner is tenanted,
the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or
another agricultural land with similar or comparable features.n case the tenant chooses to remain in the
retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary under
this Act.n case the tenant chooses to be a beneficiary in another agricultural land, he loses his right as a
leaseholder to the land retained by the landowner. The tenant must exercise this option within a period
of one (1) year from the time the landowner manifests his choice of the area for retention.

In all cases, the security of tenure of the farmers or farmworkers on the land prior to the approval of this
Act shall be respected.

Upon the effectivity of this Act, any sale, disposition, lease, management, contract or transfer of
possession of private lands executed by the original landowner in violation of the Act shall be null and
void: provided, however, that those executed prior to this Act shall be valid only when registered with
the Register of Deeds within a period of three (3) months after the effectivity of this Act. Thereafter, all
Registers of Deeds shall inform the Department of Agrarian Reform (DAR) within thirty (30) days of any
transaction involving agricultural lands in excess of five (5) hectares.

Section 7. Priorities. — The Department of Agrarian Reform (DAR) in coordination with the
Presidential Agrarian Reform Council (PARC) shall plan and program the acquisition and distribution of
all agricultural lands through a period of ten (10) years from the effectivity of this Act. Lands shall be
acquired and distributed as follows:

Phase One: Rice and corn lands under Presidential Decree No. 27; all idle or abandoned lands; all
private lands voluntarily offered by the owners for agrarian reform; all lands foreclosed by the
government financial institutions; all lands acquired by the Presidential Commission on Good
Government (PCGG); and all other lands owned by the government devoted to or suitable for
agriculture, which shall be acquired and distributed immediately upon the effectivity of this Act, with the
implementation to be completed within a period of not more than four (4) years;

Phase Two: All alienable and disposable public agricultural lands; all arable public agricultural lands
under agro-forest, pasture and agricultural leases already cultivated and planted to crops in accordance
with Section 6, Article XIII of the Constitution; all public agricultural lands which are to be opened for
new development and resettlement; and all private agricultural lands in excess of fifty (50) hectares,
insofar as the excess hectarage is concerned, to implement principally the rights of farmers and regular
farmworkers, who are the landless, to own directly or collectively the lands they till, which shall be
distributed immediately upon the effectivity of this Act, with the implementation to be completed within a
period of not more than four (4) years.

Phase Three: All other private agricultural lands commencing with large landholdings and proceeding to
medium and small landholdings under the following schedule:

(a) Landholdings above twenty-four (24) hectares up to fifty (50) hectares, to begin on the fourth
(4th) year from the effectivity of this Act and to be completed within three (3) years; and

(b) Landholdings from the retention limit up to twenty-four (24) hectares, to begin on the sixth
(6th) year from the effectivity of this Act and to be completed within four (4) years; to implement
principally the right of farmers and regular farmworkers who are landless, to own directly or
collectively the lands they till.

The schedule of acquisition and redistribution of all agricultural lands covered by this program shall be
made in accordance with the above order of priority, which shall be provided in the implementing rules
to be prepared by the Presidential Agrarian Reform Council (PARC), taking into consideration the
following; the need to distribute land to the tillers at the earliest practicable time; the need to enhance
agricultural productivity; and the availability of funds and resources to implement and support the
program.

In any case, the PARC, upon recommendation by the Provincial Agrarian Reform Coordinating
Committee (PARCCOM), may declare certain provinces or region as priority land reform areas, in which
the acquisition and distribution of private agricultural lands therein may be implemented ahead of the
above schedules.

In effecting the transfer within these guidelines, priority must be given to lands that are tenanted.

The PARC shall establish guidelines to implement the above priorities and distribution scheme,
including the determination of who are qualified beneficiaries: provided, that an owner-tiller may be a
beneficiary of the land he does not own but is actually cultivating to the extent of the difference between
the area of the land he owns and the award ceiling of three (3) hectares.

Section 8. Multinational Corporations. — All lands of the public domain leased, held or possessed by
multinational corporations or associations, and other lands owned by the government or by government-
owned or controlled corporations, associations, institutions, or entities, devoted to existing and
operational agri-business or agro-industrial enterprises, operated by multinational corporations and
associations, shall be programmed for acquisition and distribution immediately upon the effectivity of
this Act, with the implementation to be completed within three (3) years.

Lands covered by the paragraph immediately preceding, under lease, management, grower or service
contracts, and the like, shall be disposed of as follows:

(a) Lease, management, grower or service contracts covering such lands covering an aggregate
area in excess of 1,000 hectares, leased or held by foreign individuals in excess of 500 hectares
are deemed amended to conform with the limits set forth in Section 3 of Article XII of the
Constitution.

(b) Contracts covering areas not in excess of 1,000 hectares in the case of such corporations
and associations, and 500 hectares, in the case of such individuals, shall be allowed to continue
under their original terms and conditions but not beyond August 29, 1992, or their valid
termination, whichever comes sooner, after which, such agreements shall continue only when
confirmed by the appropriate government agency. Such contracts shall likewise continue even
after the lands has been transferred to beneficiaries or awardees thereof, which transfer shall be
immediately commenced and implemented and completed within the period of three (3) years
mentioned in the first paragraph hereof.

(c) In no case will such leases and other agreements now being implemented extend beyond
August 29, 1992, when all lands subject hereof shall have been distributed completely to
qualified beneficiaries or awardees.

Such agreements can continue thereafter only under a new contract between the government or
qualified beneficiaries or awardees, on the one hand, and said enterprises, on the other.

Lands leased, held or possessed by multinational corporations, owned by private individuals and private
non-governmental corporations, associations, institutions and entities, citizens of the Philippines, shall
be subject to immediate compulsory acquisition and distribution upon the expiration of the applicable
lease, management, grower or service contract in effect as of August 29, 1987, or otherwise, upon its
valid termination, whichever comes sooner, but not later than after ten (10) years following the effectivity
of the Act. However during the said period of effectivity, the government shall take steps to acquire
these lands for immediate distribution thereafter.
In general, lands shall be distributed directly to the individual worker-beneficiaries.n case it is not
economically feasible and sound to divide the land, then they shall form a workers' cooperative or
association which will deal with the corporation or business association or any other proper party for the
purpose of entering into a lease or growers agreement and for all other legitimate purposes. Until a new
agreement is entered into by and between the workers' cooperative or association and the corporation
or business association or any other proper party, any agreement existing at the time this Act takes
effect between the former and the previous landowner shall be respected by both the workers'
cooperative or association and the corporation, business, association or such other proper party.n no
case shall the implementation or application of this Act justify or result in the reduction of status or
diminution of any benefits received or enjoyed by the worker-beneficiaries, or in which they may have a
vested right, at the time this Act becomes effective.

The provisions of Section 32 of this Act, with regard to production and income-sharing shall apply to
farms operated by multinational corporations.

During the transition period, the new owners shall be assisted in their efforts to learn modern technology
in production. Enterprises which show a willingness and commitment and good-faith efforts to impart
voluntarily such advanced technology will be given preferential treatment where feasible.

In no case shall a foreign corporation, association, entity or individual enjoy any rights or privileges
better than those enjoyed by a domestic corporation, association, entity or individual.

Section 9. Ancestral Lands. — For purposes of this Act, ancestral lands of each indigenous cultural
community shall include, but not be limited to, lands in the actual, continuous and open possession and
occupation of the community and its members: provided, that the Torrens Systems shall be respected.

The right of these communities to their ancestral lands shall be protected to ensure their economic,
social and cultural well-being.n line with the principles of self-determination and autonomy, the systems
of land ownership, land use, and the modes of settling land disputes of all these communities must be
recognized and respected.

Any provision of law to the contrary notwithstanding, the PARC may suspend the implementation of this
Act with respect to ancestral lands for the purpose of identifying and delineating such lands: provided,
that in the autonomous regions, the respective legislatures may enact their own laws on ancestral
domain subject to the provisions of the Constitution and the principles enunciated in this Act and other
national laws.

Section 10. Exemptions and Exclusions. — Lands actually, directly and exclusively used and found
to be necessary for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds,
watersheds, and mangroves, national defense, school sites and campuses including experimental farm
stations operated by public or private schools for educational purposes, seeds and seedlings research
and pilot production centers, church sites and convents appurtenant thereto, mosque sites and Islamic
centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms
actually worked by the inmates, government and private research and quarantine centers and all lands
with eighteen percent (18%) slope and over, except those already developed shall be exempt from the
coverage of the Act.

Section 11. Commercial Farming. — Commercial farms, which are private agricultural lands devoted
to commercial livestock, poultry and swine raising, and aquaculture including saltbeds, fishponds and
prawn ponds, fruit farms, orchards, vegetable and cut-flower farms, and cacao, coffee and rubber
plantations, shall be subject to immediate compulsory acquisition and distribution after (10) years from
the effectivity of the Act.n the case of new farms, the ten-year period shall begin from the first year of
commercial production and operation, as determined by the DAR. During the ten-year period, the
government shall initiate the steps necessary to acquire these lands, upon payment of just
compensation for the land and the improvements thereon, preferably in favor of organized cooperatives
or associations, which shall hereafter manage the said lands for the worker-beneficiaries.

If the DAR determines that the purposes for which this deferment is granted no longer exist, such areas
shall automatically be subject to redistribution.
The provisions of Section 32 of the Act, with regard to production-and income-sharing, shall apply to
commercial farms.

CHAPTER III
Improvement of Tenurial and Labor Relations

Section 12. Determination of Lease Rentals. — In order to protect and improve the tenurial and
economic status of the farmers in tenanted lands under the retention limit and lands not yet acquired
under this Act, the DAR is mandated to determine and fix immediately the lease rentals thereof in
accordance with Section 34 of Republic Act No. 3844, as amended: provided, that the DAR shall
immediately and periodically review and adjust the rental structure for different crops, including rice and
corn, or different regions in order to improve progressively the conditions of the farmer, tenant or lessee.

Section 13. Production-Sharing Plan. — Any enterprise adopting the scheme provided for in Section
32 or operating under a production venture, lease, management contract or other similar arrangement
and any farm covered by Sections 8 and 11 hereof is hereby mandated to execute within ninety (90)
days from the effectivity of this Act, a production-sharing plan, under guidelines prescribed by the
appropriate government agency.

Nothing herein shall be construed to sanction the diminution of any benefits such as salaries, bonuses,
leaves and working conditions granted to the employee-beneficiaries under existing laws, agreements,
and voluntary practice by the enterprise, nor shall the enterprise and its employee-beneficiaries be
prevented from entering into any agreement with terms more favorable to the latter.

CHAPTER IV
Registration

Section 14. Registration of Landowners. — Within one hundred eighty (180) days from the effectivity
of this Act, all persons, natural or juridical, including government entities, that own or claim to own
agricultural lands, whether in their names or in the name of others, except those who have already
registered pursuant to Executive Order No. 229, who shall be entitled to such incentives as may be
provided for the PARC, shall file a sworn statement in the proper assessor's office in the form to be
prescribed by the DAR, stating the following information:

(a) the description and area of the property;

(b) the average gross income from the property for at least three (3) years;

(c) the names of all tenants and farmworkers therein;

(d) the crops planted in the property and the area covered by each crop as of June 1, 1987;

(e) the terms of mortgages, lease, and management contracts subsisting as of June 1, 1987,
and

(f) the latest declared market value of the land as determined by the city or provincial assessor.

Section 15. Registration of Beneficiaries. — The DAR in coordination with the Barangay Agrarian
Reform Committee (BARC) as organized in this Act, shall register all agricultural lessees, tenants and
farmworkers who are qualified to be beneficiaries of the CARP. These potential beneficiaries with the
assistance of the BARC and the DAR shall provide the following data:
 (a) names and members of their immediate farm household;

(b) owners or administrators of the lands they work on and the length of tenurial relationship;

(c) location and area of the land they work;

(d) crops planted; and

(e) their share in the harvest or amount of rental paid or wages received.

A copy of the registry or list of all potential CARP beneficiaries in the barangay shall be posted in the
barangay hall, school or other public buildings in the barangay where it shall be open to inspection by
the public at all reasonable hours.

CHAPTER V
Land Acquisition

Section 16. Procedure for Acquisition of Private Lands. — For purposes of acquisition of private
lands, the following procedures shall be followed:

(a) After having identified the land, the landowners and the beneficiaries, the DAR shall send its
notice to acquire the land to the owners thereof, by personal delivery or registered mail, and
post the same in a conspicuous place in the municipal building and barangay hall of the place
where the property is located. Said notice shall contain the offer of the DAR to pay a
corresponding value in accordance with the valuation set forth in Sections 17, 18, and other
pertinent provisions hereof.

(b) Within thirty (30) days from the date of receipt of written notice by personal delivery or
registered mail, the landowner, his administrator or representative shall inform the DAR of his
acceptance or rejection of the offer.

(c) If the landowner accepts the offer of the DAR, the Land Bank of the Philippines (LBP) shall
pay the landowner the purchase price of the land within thirty (30) days after he executes and
delivers a deed of transfer in favor of the government and surrenders the Certificate of Title and
other muniments of title.

(d) In case of rejection or failure to reply, the DAR shall conduct summary administrative
proceedings to determine the compensation for the land requiring the landowner, the LBP and
other interested parties to submit evidence as to the just compensation for the land, within
fifteen (15) days from the receipt of the notice. After the expiration of the above period, the
matter is deemed submitted for decision. The DAR shall decide the case within thirty (30) days
after it is submitted for decision.

(e) Upon receipt by the landowner of the corresponding payment or, in case of rejection or no
response from the landowner, upon the deposit with an accessible bank designated by the DAR
of the compensation in cash or in LBP bonds in accordance with this Act, the DAR shall take
immediate possession of the land and shall request the proper Register of Deeds to issue a
Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines. The DAR shall
thereafter proceed with the redistribution of the land to the qualified beneficiaries.

(f) Any party who disagrees with the decision may bring the matter to the court of proper
jurisdiction for final determination of just compensation.
 CHAPTER VI
Compensation

Section 17. Determination of Just Compensation. — In determining just compensation, the cost of

acquisition of the land, the current value of the like properties, its nature, actual use and income, the
sworn valuation by the owner, the tax declarations, and the assessment made by government
assessors shall be considered. The social and economic benefits contributed by the farmers and the
farmworkers and by the Government to the property as well as the non-payment of taxes or loans
secured from any government financing institution on the said land shall be considered as additional
factors to determine its valuation.

Section 18. Valuation and Mode of Compensation. — The LBP shall compensate the landowner in
such amounts as may be agreed upon by the landowner and the DAR and the LBP, in accordance with
the criteria provided for in Sections 16 and 17, and other pertinent provisions hereof, or as may be
finally determined by the court, as the just compensation for the land.

The compensation shall be paid on one of the following modes, at the option of the landowner:

(1) Cash payment, under the following terms and conditions;

(a) For lands above fifty (50) hectares, — Twenty-five percent (25%) cash, the
insofar as the excess hectarage is balance to be paid in government
concerned. financial instruments negotiable at any
time.

(b) For lands above twenty-four (24) — Thirty percent (30%) cash, the balance to
hectares and up to fifty (50) hectares. be paid in government financial
instruments negotiable at any time.

(c) For lands twenty-four (24) hectares — Thirty-five percent (35%) cash, the
and below. balance to be paid in government
financial instruments negotiable at any
time.

(2) Shares of stock in government-owned or controlled corporations, LBP preferred shares,

physical assets or other qualified investments in accordance with guidelines set by the PARC;

(3) Tax credits which can be used against any tax liability;

(4) LBP bonds, which shall have the following features:

(a) Market interest rates aligned with 91-day treasury bill rates. Ten percent (10%) of the
face value of the bonds shall mature every year from the date of issuance until the tenth
(10th) year: provided, that should the landowner choose to forego the cash portion,
whether in full or in part, he shall be paid correspondingly in LBP bonds;

(b) Transferability and negotiability. Such LBP bonds may be used by the landowner, his
successors in interest or his assigns, up to the amount of their face value, for any of the
following:

(i) Acquisition of land or other real properties of the government, including assets
under the Asset Privatization Program and other assets foreclosed by
government financial institutions in the same province or region where the lands
for which the bonds were paid are situated;
 (ii) Acquisition of shares of stock of government-owned or -controlled
corporations or shares of stocks owned by the government in private
corporations;

(iii) Substitution for surety or bail bonds for the provisional release of accused
persons, or performance bonds;

(iv) Security for loans with any government financial institution, provided the
proceeds of the loans shall be invested in an economic enterprise, preferably in
a small-and medium-scale industry, in the same province or region as the land
for which the bonds are paid;

(v) Payment for various taxes and fees to government; provided, that the use of
these bonds for these purposes will be limited to a certain percentage of the
outstanding balance of the financial instruments: provided, further, that the
PARC shall determine the percentage mentioned above;

(vi) Payment for tuition fees of the immediate family of the original bondholder in
government universities, colleges, trade schools, and other institutions;

(vii) Payment for fees of the immediate family of the original bondholder in
government hospitals; and

(viii) Such other uses as the PARC may from time to time allow.

In case of extraordinary inflation, the PARC shall take appropriate measures to protect the economy.

Section 19. Incentives for Voluntary Offers for Sales. — Landowners, other than banks and other
financial institutions, who voluntarily offer their lands for sale shall be entitled to an additional five
percent (5%) cash payment.

Section 20. Voluntary Land Transfer. — Landowners of agricultural lands subject to acquisition under
this Act may enter into a voluntary arrangement for direct transfer of their lands to qualified beneficiaries
subject to the following guidelines:

(a) All notices for voluntary land transfer must be submitted to the DAR within the first year of
the implementation of the CARP. Negotiations between the landowners and qualified
beneficiaries covering any voluntary land transfer which remain unresolved after one (1) year
shall not be recognized and such land shall instead be acquired by the government and
transferred pursuant to this Act.

(b) The terms and conditions of such transfer shall not be less favorable to the transferee than
those of the government's standing offer to purchase from the landowner and to resell to the
beneficiaries, if such offers have been made and are fully known to both parties.

(c) The voluntary agreement shall include sanctions for non-compliance by either party and shall
be duly recorded and its implementation monitored by the DAR.

Section 21. Payment of Compensation by Beneficiaries Under Voluntary Land Transfer. — Direct

payments in cash or in kind may be by the farmer-beneficiary to the landowner under terms to be
mutually agreed upon by both parties, which shall be binding upon them, upon registration with the
approval by the DAR. Said approval shall be considered given, unless notice of disapproval is received
by the farmer-beneficiary within thirty (30) days from the date of registration.
In the event they cannot agree on the price of land, the procedure for compulsory acquisition as
provided in Section 16 shall apply. The LBP shall extend financing to the beneficiaries for purposes of
acquiring the land.

CHAPTER VII
Land Redistribution

Section 22. Qualified Beneficiaries. — The lands covered by the CARP shall be distributed as much
as possible to landless residents of the same barangay, or in the absence thereof, landless residents of
the same municipality in the following order of priority:

(a) agricultural lessees and share tenants;

(b) regular farmworkers;

(c) seasonal farmworkers;

(d) other farmworkers;

(e) actual tillers or occupants of public lands;

(f) collectives or cooperatives of the above beneficiaries; and

(g) others directly working on the land.

Provided, however, that the children of landowners who are qualified under Section 6 of this Act shall be
given preference in the distribution of the land of their parents: and provided, further, that actual tenant-
tillers in the landholdings shall not be ejected or removed therefrom.

Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned
their land are disqualified to become beneficiaries under this Program.

A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make
the land as productive as possible. The DAR shall adopt a system of monitoring the record or
performance of each beneficiary, so that any beneficiary guilty of negligence or misuse of the land or
any support extended to him shall forfeit his right to continue as such beneficiary. The DAR shall submit
periodic reports on the performance of the beneficiaries to the PARC.

If, due to the landowner's retention rights or to the number of tenants, lessees, or workers on the land,
there is not enough land to accommodate any or some of them, they may be granted ownership of other
lands available for distribution under this Act, at the option of the beneficiaries.

Farmers already in place and those not accommodated in the distribution of privately-owned lands will
be given preferential rights in the distribution of lands from the public domain.

Section 23. Distribution Limit. — No qualified beneficiary may own more than three (3) hectares of
agricultural land.

Section 24. Award to Beneficiaries. — The rights and responsibilities of the beneficiary shall
commence from the time the DAR makes an award of the land to him, which award shall be completed
within one hundred eighty (180) days from the time the DAR takes actual possession of the land.
Ownership of the beneficiary shall be evidenced by a Certificate of Land Ownership Award, which shall
contain the restrictions and conditions provided for in this Act, and shall be recorded in the Register of
Deeds concerned and annotated on the Certificate of Title.
Section 25. Award Ceilings for Beneficiaries. — Beneficiaries shall be awarded an area not
exceeding three (3) hectares which may cover a contiguous tract of land or several parcels of land
cumulated up to the prescribed award limits.

For purposes of this Act, a landless beneficiary is one who owns less than three (3) hectares of
agricultural land.

The beneficiaries may opt for collective ownership, such as co-ownership or farmers cooperative or
some other form of collective organization: provided, that the total area that may be awarded shall not
exceed the total number of co-owners or member of the cooperative or collective organization multiplied
by the award limit above prescribed, except in meritorious cases as determined by the PARC. Title to
the property shall be issued in the name of the co-owners or the cooperative or collective organization
as the case may be.

Section 26. Payment by Beneficiaries. — Lands awarded pursuant to this Act shall be paid for by the
beneficiaries to the LBP in thirty (30) annual amortizations at six percent (6%) interest per annum. The
payments for the first three (3) years after the award may be at reduced amounts as established by the
PARC: provided, that the first five (5) annual payments may not be more than five percent (5%) of the
value of the annual gross production as established by the DAR. Should the scheduled annual
payments after the fifth year exceed ten percent (10%) of the annual gross production and the failure to
produce accordingly is not due to the beneficiary's fault, the LBP may reduce the interest rate or reduce
the principal obligations to make the repayment affordable.

The LBP shall have a lien by way of mortgage on the land awarded to the beneficiary; and this
mortgage may be foreclosed by the LBP for non-payment of an aggregate of three (3) annual
amortizations. The LBP shall advise the DAR of such proceedings and the latter shall subsequently
award the forfeited landholdings to other qualified beneficiaries. A beneficiary whose land, as provided
herein, has been foreclosed shall thereafter be permanently disqualified from becoming a beneficiary
under this Act.

Section 27. Transferability of Awarded Lands. — Lands acquired by beneficiaries under this Act may
not be sold, transferred or conveyed except through hereditary succession, or to the government, or the
LBP, or to other qualified beneficiaries for a period of ten (10) years: provided, however, that the
children or the spouse of the transferor shall have a right to repurchase the land from the government or
LBP within a period of two (2) years. Due notice of the availability of the land shall be given by the LBP
to the Barangay Agrarian Reform Committee (BARC) of the barangay where the land is situated. The
Provincial Agrarian Reform Coordinating Committee (PARCCOM) as herein provided, shall, in turn, be
given due notice thereof by the BARC.

If the land has not yet been fully paid by the beneficiary, the rights to the land may be transferred or
conveyed, with prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary who,
as a condition for such transfer or conveyance, shall cultivate the land himself. Failing compliance
herewith, the land shall be transferred to the LBP which shall give due notice of the availability of the
land in the manner specified in the immediately preceding paragraph.

In the event of such transfer to the LBP, the latter shall compensate the beneficiary in one lump sum for
the amounts the latter has already paid, together with the value of improvements he has made on the
land.

Section 28. Standing Crops at the Time of Acquisition. — The landowner shall retain his share of
any standing crops unharvested at the time the DAR shall take possession of the land under Section 16
of the Act, and shall be given a reasonable time to harvest the same.

CHAPTER VIII
Corporate Farms

Section 29. Farms Owned or Operated by Corporations or Other Business Associations. — In the

case of farms owned or operated by corporations or other business associations, the following rules
shall be observed by the PARC:
In general, lands shall be distributed directly to the individual worker-beneficiaries.

In case it is not economically feasible and sound to divide the land, then it shall be owned collectively by
the workers' cooperative or association which will deal with the corporation or business association.
Until a new agreement is entered into by and between the workers' cooperative or association and the
corporation or business association, any agreement existing at the time this Act takes effect between
the former and the previous landowner shall be respected by both the workers' cooperative or
association and the corporation or business association.

Section 30. Homelots and Farmlots for Members of Cooperatives. — The individual members of
the cooperatives or corporations mentioned in the preceding section shall be provided with homelots
and small farmlots for their family use, to be taken from the land owned by the cooperative or
corporation.

Section 31. Corporate Landowners. — Corporate landowners may voluntarily transfer ownership over
their agricultural landholdings to the Republic of the Philippines pursuant to Section 20 hereof or to
qualified beneficiaries, under such terms and conditions, consistent with this Act, as they may agree
upon, subject to confirmation by the DAR.

Upon certification by the DAR, corporations owning agricultural lands may give their qualified
beneficiaries the right to purchase such proportion of the capital stock of the corporation that the
agricultural land, actually devoted to agricultural activities, bears in relation to the company's total
assets, under such terms and conditions as may be agreed upon by them.n no case shall the
compensation received by the workers at the time the shares of stocks are distributed be reduced. The
same principle shall be applied to associations, with respect to their equity or participation.

Corporations or associations which voluntarily divest a proportion of their capital stock, equity or
participation in favor of their workers or other qualified beneficiaries under this section shall be deemed
to have complied with the provisions of the Act: provided, that the following conditions are complied
with:

a) In order to safeguard the right of beneficiaries who own shares of stocks to dividends and
other financial benefits, the books of the corporation or association shall be subject to periodic
audit by certified public accountants chosen by the beneficiaries;

b) Irrespective of the value of their equity in the corporation or association, the beneficiaries
shall be assured of at least one (1) representative in the board of directors, or in a management
or executive committee, if one exists, of the corporation or association; and

c) Any shares acquired by such workers and beneficiaries shall have the same rights and
features as all other shares.

d) Any transfer of shares of stocks by the original beneficiaries shall be void ab initio unless said
transaction is in favor of a qualified and registered beneficiary within the same corporation.

If within two (2) years from the approval of this Act, the land or stock transfer envisioned above is not
made or realized or the plan for such stock distribution approved by the PARC within the same period,
the agricultural land of the corporate owners or corporation shall be subject to the compulsory coverage
of this Act.

Section 32. Production-Sharing. — Pending final land transfer, individuals or entities owning, or

operating under lease or management contract, agricultural lands are hereby mandated to execute a
production-sharing plan with their farm workers or farmworkers' reorganization, if any, whereby three
percent (3%) of the gross sales from the production of such lands are distributed within sixty (60) days
of the end of the fiscal year as compensation to regular and other farmworkers in such lands over and
above the compensation they currently receive: provided, that these individuals or entities realize gross
sales in excess of five million pesos per annum unless the DAR, upon proper application, determines a
lower ceiling.

In the event that the individual or entity realizes a profit, an additional ten percent (10%) of the net profit
after tax shall be distributed to said regular and other farmworkers within ninety (90) days of the end of
the fiscal year.

To forestall any disruption in the normal operation of lands to be turned over to the farmworker-
beneficiaries mentioned above, a transitory period, the length of which shall be determined by the DAR,
shall be established.

During this transitory period, at least one percent (1%) of the gross sales of the entity shall be
distributed to the managerial, supervisory and technical group in place at the time of the effectivity of
this Act, as compensation for such transitory managerial and technical functions as it will perform,
pursuant to an agreement that the farmworker-beneficiaries and the managerial, supervisory and
technical group may conclude, subject to the approval of the DAR.

Section 33. Payment of Shares of Cooperative or Association. — Shares of a cooperative or

association acquired by farmers-beneficiaries or workers-beneficiaries shall be fully paid for in an
amount corresponding to the valuation as determined in the immediately succeeding section. The
landowner and the LBP shall assist the farmers-beneficiaries and workers-beneficiaries in the payment
for said shares by providing credit financing.

Section 34. Valuation of Lands. — A valuation scheme for the land shall be formulated by the PARC,
taking into account the factors enumerated in Section 17, in addition to the need to stimulate the growth
of cooperatives and the objective of fostering responsible participation of the workers-beneficiaries in
the creation of wealth.

In the determination of price that is just not only to the individuals but to society as well, the PARC shall
consult closely with the landowner and the workers-beneficiaries.

In case of disagreement, the price as determined by the PARC, if accepted by the workers-
beneficiaries, shall be followed, without prejudice to the landowner's right to petition the Special
Agrarian Court to resolve the issue of valuation.

CHAPTER IX
Support Services

Section 35. Creation of Support Services Office. — There is hereby created the Office of Support
Services under the DAR to be headed by an Undersecretary.

The Office shall provide general support and coordinative services in the implementation of the program
particularly in carrying out the provisions of the following services to farmer-beneficiaries and affected
landowners:

1) Irrigation facilities, especially second crop or dry season irrigation facilities;

2) Infrastructure development and public works projects in areas and settlements that come
under agrarian reform, and for this purpose, the preparation of the physical development plan of
such settlements providing suitable barangay sites, potable water and power resources,
irrigation systems and other facilities for a sound agricultural development plan;

3) Government subsidies for the use of irrigation facilities;

4) Price support and guarantee for all agricultural produce;

 5) Extending to small landowners, farmers' organizations the necessary credit, like concessional
and collateral-free loans, for agro-industrialization based on social collaterals like the
guarantees of farmers' organization:

6) Promoting, developing and extending financial assistance to small-and medium-scale

industries in agrarian reform areas;

7) Assigning sufficient numbers of agricultural extension workers to farmers' organizations;

8) Undertake research, development and dissemination of information on agrarian reform and

low-cost and ecologically sound farm inputs and technologies to minimize reliance on expensive
and imported agricultural inputs;

9) Development of cooperative management skills through intensive training;

10) Assistance in the identification of ready markets for agricultural produce and training in other
various prospects of marketing; andtai

11) Administration operation management and funding of support services, programs and
projects including pilot projects and models related to agrarian reform as developed by the DAR.

Section 36. Funding for Support Services. — In order to cover the expenses and cost of support
services, at least twenty-five percent (25%) of all appropriations for agrarian reform shall be immediately
set aside and made available for this purpose.n addition, the DAR shall be authorized to package
proposals and receive grants, aid and other forms of financial assistance from any source.

Section 37. Support Services to the Beneficiaries. — The PARC shall ensure that support services
to farmers-beneficiaries are provided, such as:

(a) Land surveys and titling;

(b) Liberalized terms on credit facilities and production loans;

(c) Extension services by way of planting, cropping, production and post-harvest technology
transfer, as well as marketing and management assistance and support to cooperatives and
farmers' organizations;

(d) Infrastructure such as access trails, mini-dams, public utilities, marketing and storage
facilities; and

(e) Research, production and use of organic fertilizers and other local substances necessary in
farming and cultivation.

The PARC shall formulate policies to ensure that support services to farmer-beneficiaries shall be
provided at all stages of land reform.

The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) Secretariat shall be transferred and attached to
the LBP, for its supervision including all its applicable and existing funds, personnel, properties,
equipment and records.

Misuse or diversion of the financial and support services herein provided shall result in sanctions
against the beneficiary guilty thereof, including the forfeiture of the land transferred to him or lesser
sanctions as may be provided by the PARC, without prejudice to criminal prosecution.
Section 38. Support Services to Landowners. — The PARC with the assistance of such other
government agencies and instrumentalities as it may direct, shall provide landowners affected by the
CARP and prior agrarian reform programs with the following services:

(a) Investment information financial and counseling assistance;

(b) Facilities, programs and schemes for the conversion or exchange of bonds issued for
payment of the lands acquired with stocks and bonds issued by the National Government, the
Central Bank and other government institutions and instrumentalities;

(c) Marketing of LBP bonds, as well as promoting the marketability of said bonds in traditional
and non-traditional financial markets and stock exchanges; and

(d) Other services designed to utilize productively the proceeds of the sale of such lands for
rural industrialization.

A landowner who invests in rural-based industries shall be entitled to the incentives granted to a
registered enterprise engaged in a pioneer or preferred area of investment as provided for in the
Omnibus Investment Code of 1987, or to such other incentives as the PARC, the LBP, or other
government financial institutions may provide.

The LBP shall redeem a landowner's LBP bonds at face value, provided that the proceeds thereof shall
be invested in a BOI-registered company or in any agri-business or agro-industrial enterprise in the
region where the landowner has previously made investments, to the extent of thirty percent (30%) of
the face value of said LBP bonds, subject to guidelines that shall be issued by the LBP.

Section 39. Land Consolidation. — The DAR shall carry out land consolidation projects to promote
equal distribution of landholdings, to provide the needed infrastructures in agriculture, and to conserve
soil fertility and prevent erosion.

CHAPTER X
Special Areas of Concern

Section 40. Special Areas of Concern. — As an integral part of the Comprehensive Agrarian Reform
Program, the following principles in these special areas of concern shall be observed:

(1) Subsistence Fishing. — Small fisherfolk, including seaweed farmers, shall be assured of

greater access to the utilization of water resources.

(2) Logging and Mining Concessions. — Subject to the requirement of a balanced ecology and
conservation of water resources, suitable areas, as determined by the Department of
Environment and Natural Resources (DENR), in logging, mining and pasture areas, shall be
opened up for agrarian settlements whose beneficiaries shall be required to undertake
reforestation and conservation production methods. Subject to existing laws, rules and
regulations, settlers and members of tribal communities shall be allowed to enjoy and exploit the
products of the forest other than timer within the logging concessions.

(3) Sparsely Occupied Public Agricultural Lands. — Sparsely occupied agricultural lands of the
public domain shall be surveyed, proclaimed and developed as farm settlements for qualified
landless people based on an organized program to ensure their orderly and early development.
 Agricultural land allocations shall be made for ideal family-size farms as determined by the
PARC. Pioneers and other settlers shall be treated equally in every respect.

Subject to the prior rights of qualified beneficiaries, uncultivated lands of the public domain shall
be made available on a lease basis to interested and qualified parties. Parties who will engaged
in the development of capital-intensive, traditional or pioneering crops shall be given priority.

The lease period, which shall not be more than a total of fifty (50) years, shall be proportionate
to the amount of investment and production goals of the lessee. A system of evaluation and
audit shall be instituted.

(4) Idle, Abandoned, Foreclosed and Sequestered Lands. — Idle, abandoned, foreclosed and
sequestered lands shall be planned for distribution as home lots and family-size farmlots to
actual occupants.f land area permits, other landless families shall be accommodated in these
lands.

(5) Rural Women. — All qualified women members of the agricultural labor force must be
guaranteed and assured equal right to ownership of the land, equal shares of the farm's
produce, and representation in advisory or appropriate decision-making bodies.

(6) Veterans and Retirees. — In accordance with Section 7 of Article XVI of the Constitution,
landless war veterans and veterans of military campaigns, their surviving spouse and orphans,
retirees of the Armed Forces of the Philippines (AFP) and the Integrated National Police (INP),
returnees, surrenderees, and similar beneficiaries shall be given due consideration in the
disposition of agricultural lands of the public domain.

(7) Agriculture Graduates. — Graduates of agricultural schools who are landless shall be

assisted by the government, through the DAR, in their desire to own and till agricultural lands.

CHAPTER XI
Program Implementation

Section 41. The Presidential Agrarian Reform Council. — The Presidential Agrarian Reform Council
(PARC) shall be composed of the President of the Philippines as Chairman, the Secretary of Agrarian
Reform as Vice-Chairman and the following as members; Secretaries of the Departments of Agriculture;
Environment and Natural Resources; Budget and Management; Local Government: Public Works and
Highways; Trade and Industry; Finance; Labor and Employment; Director-General of the National
Economic and Development Authority; President, Land Bank of the Philippines; Administrator, National
Irrigation Administration; and three (3) representatives of affected landowners to represent Luzon,
Visayas and Mindanao; six (6) representatives of agrarian reform beneficiaries, two (2) each from
Luzon, Visayas and Mindanao, provided that one of them shall be from the cultural communities.

Section 42. Executive Committee. — There shall be an Executive Committee (EXCOM) of the PARC
composed of the Secretary of the DAR as Chairman, and such other members as the President may
designate, taking into account Article XIII, Section 5 of the Constitution. Unless otherwise directed by
PARC, the EXCOM may meet and decide on any and all matters in between meetings of the PARC:
provided, however, that its decisions must be reported to the PARC immediately and not later than the
next meeting.

Section 43. Secretariat. — A PARC Secretariat is hereby established to provide general support and
coordinative services such as inter-agency linkages; program and project appraisal and evaluation and
general operations monitoring for the PARC.

The Secretariat shall be headed by the Secretary of Agrarian Reform who shall be assisted by an
Undersecretary and supported by a staff whose composition shall be determined by the PARC
Executive Committee and whose compensation shall be chargeable against the Agrarian Reform Fund.
All officers and employees of the Secretariat shall be appointed by the Secretary of Agrarian Reform.
Section 44. Provincial Agrarian Reform Coordinating Committee (PARCCOM). — A Provincial
Agrarian Reform Coordinating Committee (PARCCOM) is hereby created in each province, composed
of a Chairman, who shall be appointed by the President upon the recommendation of the EXCOM, the
Provincial Agrarian Reform Officer as Executive Officer, and one representative each from the
Departments of Agriculture, and of Environment and Natural Resources and from the LBP, one
representative each from existing farmers' organizations, agricultural cooperatives and non-
governmental organizations in the province; two representatives from landowners, at least one of whom
shall be a producer representing the principal crop of the province, and two representatives from farmer
and farmworker-beneficiaries, at least one of whom shall be a farmer or farmworker representing the
principal crop of the province, as members: provided, that in areas where there are cultural
communities, the latter shall likewise have one representative.

The PARCCOM shall coordinate and monitor the implementation of the CARP in the province.t shall
provide information on the provisions of the CARP, guidelines issued by the PARC and on the progress
of the CARP in the province.

Section 45. Province-by-Province Implementation. — The PARC shall provide the guidelines for a
province-by-province implementation of the CARP. The ten-year program of distribution of public and
private lands in each province shall be adjusted from year by the province's PARCCOM in accordance
with the level of operations previously established by the PARC, in every case ensuring that support
services are available or have been programmed before actual distribution is effected.

Section 46. Barangay Agrarian Reform Committee (BARC). — Unless otherwise provided in this
Act, the provisions of Executive Order No. 229 regarding the organization of the Barangay Agrarian
Reform Committee (BARC) shall be in effect.

Section 47. Functions of the BARC. — In addition to those provided in Executive Order No. 229, the
BARC shall have the following functions:

(a) Mediate and conciliate between parties involved in an agrarian dispute including matters
related to tenurial and financial arrangements;

(b) Assist in the identification of qualified beneficiaries and landowners within the barangay;

(c) Attest to the accuracy of the initial parcellary mapping of the beneficiary's tillage;

(d) Assist qualified beneficiaries in obtaining credit from lending institutions;

(e) Assist in the initial determination of the value of the land;

(f) Assist the DAR representatives in the preparation of periodic reports on the CARP
implementation for submission to the DAR;

(g) Coordinate the delivery of support services to beneficiaries; and

(h) Perform such other functions as may be assigned by the DAR.

(2) The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged before it within
thirty (30) days from its taking cognizance thereof.f after the lapse of the thirty day period, it is unable to
settle the dispute, it shall issue a certificate of its proceedings and shall furnish a copy thereof upon the
parties within seven (7) days after the expiration of the thirty-day period.

Section 48. Legal Assistance. — The BARC or any member thereof may, whenever necessary in the
exercise of any of its functions hereunder, seek the legal assistance of the DAR and the provincial, city,
or municipal government.
Section 49. Rules and Regulations. — The PARC and the DAR shall have the power to issue rules
and regulations, whether substantive or procedural, to carry out the objects and purposes of this Act.
Said rules shall take effect ten (10) days after publication in two (2) national newspapers of general
circulation.

CHAPTER XII
Administrative Adjudication

Section 50. Quasi-Judicial Powers of the DAR. — The DAR is hereby vested with the primary
jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original
jurisdiction over all matters involving the implementation of agrarian reform except those falling under
the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and
Natural Resources (DENR).

It shall not be bound by technical rules of procedure and evidence but shall proceed to hear and decide
all cases, disputes or controversies in a most expeditious manner, employing all reasonable means to
ascertain the facts of every case in accordance with justice and equity and the merits of the case.
Toward this end, it shall adopt a uniform rule of procedure to achieve a just, expeditious and
inexpensive determination for every action or proceeding before it.

It shall have the power to summon witnesses, administer oaths, take testimony, require submission of
reports, compel the production of books and documents and answers to interrogatories and issue
subpoena, and subpoena duces tecum, and enforce its writs through sheriffs or other duly deputized
officers.t shall likewise have the power to punish direct and indirect contempts in the same manner and
subject to the same penalties as provided in the Rules of Court.

Responsible farmer leaders shall be allowed to represent themselves, their fellow farmers, or their
organizations in any proceedings before the DAR: provided, however, that when there are two or more
representatives for any individual or group, the representatives should choose only one among
themselves to represent such party or group before any DAR proceedings.

Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall be immediately
executory.

Section 51. Finality of Determination. — Any case or controversy before it shall be decided within
thirty (30) days after it is submitted for resolution. Only one (1) motion for reconsideration shall be
allowed. Any order, ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a
copy thereof.

Section 52. Frivolous Appeals. — To discourage frivolous or dilatory appeals from the decisions or
orders on the local or provincial levels, the DAR may impose reasonable penalties, including but not
limited to fines or censures upon erring parties.

Section 53. Certification of the BARC. — The DAR shall not take cognizance of any agrarian dispute
or controversy unless a certification from the BARC that the dispute has been submitted to it for
mediation and conciliation without any success of settlement is presented: provided, however, that if no
certification is issued by the BARC within thirty (30) days after a matter or issue is submitted to it for
mediation or conciliation the case or dispute may be brought before the PARC.

CHAPTER XIII
Judicial Review

Section 54. Certiorari. — Any decision, order, award or ruling of the DAR on any agrarian dispute or
on any matter pertaining to the application, implementation, enforcement, or interpretation of this Act
and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except
as otherwise provided in this Act within fifteen (15) days from the receipt of a copy thereof.

The findings of fact of the DAR shall be final and conclusive if based on substantial evidence.
Section 55. No Restraining Order or Preliminary Injunction. — No court in the Philippines shall have
jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC or any of its
duly authorized or designated agencies in any case, dispute or controversy arising from, necessary to,
or in connection with the application, implementation, enforcement, or interpretation of this Act and
other pertinent laws on agrarian reform.

Section 56. Special Agrarian Court. — The Supreme Court shall designate at least one (1) branch of
the Regional Trial Court (RTC) within each province to act as a Special Agrarian Court.

The Supreme Court may designate more branches to constitute such additional Special Agrarian Courts
as may be necessary to cope with the number of agrarian cases in each province.n the designation, the
Supreme Court shall give preference to the Regional Trial Courts which have been assigned to handle
agrarian cases or whose presiding judges were former judges of the defunct Court of Agrarian
Relations.

The Regional Trial Court (RTC) judges assigned to said courts shall exercise said special jurisdiction in
addition to the regular jurisdiction of their respective courts.

The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging to the
Regional Trial Courts.

Section 57. Special Jurisdiction. — The Special Agrarian Courts shall have original and exclusive
jurisdiction over all petitions for the determination of just compensation to landowners, and the
prosecution of all criminal offenses under this Act. The Rules of Court shall apply to all proceedings
before the Special Agrarian Courts, unless modified by this Act.

The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within
thirty (30) days from submission of the case for decision.

Section 58. Appointment of Commissioners. — The Special Agrarian Courts, upon their own
initiative or at the instance of any of the parties, may appoint one or more commissioners to examine,
investigate and ascertain facts relevant to the dispute including the valuation of properties, and to file a
written report thereof with the court.

Section 59. Orders of the Special Agrarian Courts. — No order of the Special Agrarian Courts on
any issue, question, matter or incident raised before them shall be elevated to the appellate courts until
the hearing shall have been terminated and the case decided on the merits.

Section 60. Appeals. — An appeal may be taken from the decision of the Special Agrarian Courts by
filing a petition for review with the Court of Appeals within fifteen (15) days receipt of notice of the
decision; otherwise, the decision shall become final.

An appeal from the decision of the Court of Appeals, or from any order, ruling or decision of the DAR,
as the case may be, shall be by a petition for review with the Supreme Court within a non-extendible
period of fifteen (15) days from receipt of a copy of said decision.

Section 61. Procedure on Review. — Review by the Court of Appeals or the Supreme Court, as the
case may be, shall be governed by the Rules of Court. The Court of Appeals, however, may require the
parties to file simultaneous memoranda within a period of fifteen (15) days from notice, after which the
case is deemed submitted for decision.

Section 62. Preferential Attention in Courts. — All courts in the Philippines, both trial and appellate,
shall give preferential attention to all cases arising from or in connection with the implementation of the
provisions of this Act.

All cases pending in court arising from or in connection with the implementation of this Act shall
continue to be heard, tried and decided into their finality, notwithstanding the expiration of the ten-year
period mentioned in Section 5 hereof.

CHAPTER XIV
Financing
Section 63. Funding Source. — The initial amount needed to implement this Act for the period of ten
(10) years upon approval hereof shall be funded from the Agrarian Reform Fund created under Sections
20 and 21 of Executive Order No. 229.

Additional amounts are hereby authorized to be appropriated as and when needed to augment the
Agrarian Reform Fund in order to fully implement the provisions of this Act.

Sources of funding or appropriations shall include the following:

(a) Proceeds of the sales of the Assets Privatization Trust;

(b) All receipts from assets recovered and from sales of ill-gotten wealth recovered through the
Presidential Commission on Good Government;

(c) Proceeds of the disposition of the properties of the Government in foreign countries;

(d) Portion of amounts accruing to the Philippines from all sources of official foreign grants and
concessional financing from all countries, to be used for the specific purposes of financing
production credits, infrastructures, and other support services required by this Act;

(e) Other government funds not otherwise appropriated.

All funds appropriated to implement the provisions of this Act shall be considered continuing
appropriations during the period of its implementation.

Section 64. Financial Intermediary for the CARP. — The Land Bank of the Philippines shall be the
financial intermediary for the CARP, and shall insure that the social justice objectives of the CARP shall
enjoy a preference among its priorities.

CHAPTER XV
General Provisions

Section 65. Conversion of Lands. — After the lapse of five (5) years from its award, when the land
ceases to be economically feasible and sound for agricultural purposes, or the locality has become
urbanized and the land will have a greater economic value for residential, commercial or industrial
purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the affected
parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its
disposition: provided, that the beneficiary shall have fully paid his obligation.

Section 66. Exemptions from Taxes and Fees of Land Transfers. — Transactions under this Act
involving a transfer of ownership, whether from natural or juridical persons, shall be exempted from
taxes arising from capital gains. These transactions shall also be exempted from the payment of
registration fees, and all other taxes and fees for the conveyance or transfer thereof; provided, that all
arrearages in real property taxes, without penalty or interest, shall be deductible from the compensation
to which the owner may be entitled.

Section 67. Free Registration of Patents and Titles. — All Registers of Deeds are hereby directed to
register, free from payment of all fees and other charges, patents, titles and documents required for the
implementation of the CARP.

Section 68. Immunity of Government Agencies from Undue Interference. — No injunction,

restraining order, prohibition or mandamus shall be issued by the lower courts against the Department
of Agrarian Reform (DAR), the Department of Agriculture (DA), the Department of Environment and
Natural Resources (DENR), and the Department of Justice (DOJ) in their implementation of the
program.
Section 69. Assistance of Other Government Entities. — The PARC, in the exercise of its functions,
is hereby authorized to call upon the assistance and support of other government agencies, bureaus
and offices, including government-owned or -controlled corporations.

Section 70. Disposition of Private Agricultural Lands. — The sale or disposition of agricultural lands
retained by a landowner as a consequence of Section 6 hereof shall be valid as long as the total
landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired shall not
exceed the landholding ceilings provided for in this Act.

Any sale or disposition of agricultural lands after the effectivity of this Act found to be contrary to the
provisions hereof shall be null and void.

Transferees of agricultural lands shall furnish the appropriate Register of Deeds and the BARC an
affidavit attesting that his total landholdings as a result of the said acquisition do not exceed the
landholding ceiling. The Register of Deeds shall not register the transfer of any agricultural land without
the submission of this sworn statement together with proof of service of a copy thereof to the BARC.

Section 71. Bank Mortgages. — Banks and other financial institutions allowed by law to hold mortgage
rights or security interests in agricultural lands to secure loans and other obligations of borrowers, may
acquire title to these mortgaged properties, regardless of area, subject to existing laws on compulsory
transfer of foreclosed assets and acquisition as prescribed under Section 13 of this Act.

Section 72. Lease, Management, Grower or Service Contracts, Mortgages and Other Claims. —
Lands covered by this Act under lease, management, grower or service contracts, and the like shall be
disposed of as follows:

(a) Lease, management, grower or service contracts covering private lands may continue under
their original terms and conditions until the expiration of the same even if such land has, in the
meantime, been transferred to qualified beneficiaries.

(b) Mortgages and other claims registered with the Register of Deeds shall be assumed by the
government up to an amount equivalent to the landowner's compensation value as provided in
this Act.

Section 73. Prohibited Acts and Omissions. — The following are prohibited:

(a) The ownership or possession, for the purpose of circumventing the provisions of this Act, of
agricultural lands in excess of the total retention limits or award ceilings by any person, natural
or juridical, except those under collective ownership by farmer-beneficiaries.

(b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this
Act to avail themselves of the rights and benefits of the Agrarian Reform Program.

(c) The conversion by any landowner of his agricultural land into any non-agricultural use with
intent to avoid the application of this Act to his landholdings and to dispossess his tenant
farmers of the land tilled by them.

(d) The willful prevention or obstruction by any person, association or entity of the
implementation of the CARP.

(e) The sale, transfer, conveyance or change of the nature of lands outside of urban centers and
city limits either in whole or in part after the effectivity of this Act. The date of the registration of
 the deed of conveyance in the Register of Deeds with respect to titled lands and the date of the
issuance of the tax declaration to the transferee of the property with respect to unregistered
lands, as the case may be, shall be conclusive for the purpose of this Act.

(f) The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary
right over the land he acquired by virtue of being a beneficiary, in order to circumvent the
provisions of this Act.

Section 74. Penalties. — Any person who knowingly or willfully violates the provisions of this Act shall
be punished by imprisonment of not less than one (1) month to not more than three (3) years or a fine of
not less than one thousand pesos (P1,000.00) and not more than fifteen thousand pesos (P15,000.00),
or both, at the discretion of the court.

If the offender is a corporation or association, the officer responsible therefore shall be criminally liable.

Section 75. Suppletory Application of Existing Legislation. — The provisions of Republic Act No.
3844 as amended, Presidential Decree Nos. 27 and 266 as amended, Executive Order Nos. 228 and
229, both Series of 1987; and other laws not inconsistent with this Act shall have suppletory effect.

Section 76. Repealing Clause. — Section 35 of Republic Act No. 3834, Presidential Decree No. 316,
the last two paragraphs of Section 12 of Presidential Decree No. 946, Presidential Decree No. 1038,
and all other laws, decrees executive orders, rules and regulations, issuances or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.

Section 77. Separability Clause. — If, for any reason, any section or provision of this Act is declared
null and void, no other section, provision, or part thereof shall be affected and the same shall remain in
full force and effect.

Section 78. Effectivity Clause. — This Act shall take effect immediately after publication in at least two
(2) national newspapers of general circulation.

Approved: June 10, 1988 (https://www.lawphil.net/statutes/repacts/ra1988/ra_6657_1988.html)

TIMELINE PHILIPPINE HISTORY

1542 Spanish claim the islands

1898 Spain cedes the Philippines to the US

1902 The US establishes civil government to replace military rule

1935 The Commonwealth of the Philippines is established under President Manuel

Quezon and the US promises independence in 10 years

1941 Japanese forces invade the islands

1944 The US retakes the islands

1946 The US grants the new Republic of the Philippines full independence

1965 Ferdinand Marcos becomes President

1969 Marcos is reelected despite allegations of elections fraud, Vietnam protests begin,
Muslim separatists, begin the guerrilla war in the south

1972 Marcos declares martial law, suspends parliaments, arrests opposition leaders, and
 imposes censorship regulations

1973 The new constitution adopted granting Marcos broad powers

1981 Marcos wins reelection, martial law lifted

1983 Opposition leader Benigno Aquino killed as he returns to the Philippines from exile

1986 Marcos opposed in elections by Aquino’s widow Corazon, mass protests of election
results in favor of Marcos forces him into exile

11 February New Constitution passed

1987

1992 Aquino replaced as President by defense minister Fidel Ramos

1996 The peace agreement signed with the Muslim separatist group

1998 Joseph Estrada, former film star, elected President

January 2000Impeachment trial against Estrada suspended, leading to mass protests which
replace Estrada with Vice-President Gloria Arroyo

April 2001 Estrada found guilty of stealing more than 80 million dollars of state funds during
Presidency, but later pardoned

June 2004 Arroyo elected to Presidency

2005 Arroyo resists the attempt to impeach her under allegations of vote-rigging, declares
a state of emergency in response to an alleged military coup

2007-2009 Ethnic tensions mount between Islamic separatist groups and Christian majority

June 2010 Benigno “Noynoy” Aquino, son of Corazon Aquino, elected President

2016  Rodrigo Roa Duterte elected President

Taxation 101
Basic Rules and Principles in Philippine
Taxation

What is Taxation?

It is the inherent power by which the sovereign state imposes a financial burden upon persons and
property as a means of raising revenues in order to defray the necessary expenses of the government
(Tax Digest by Crescencio Co Untian, 2002)

Taxation is the imposition of financial charges or other levies, upon a taxpayer (an individual or legal
entity) by a state such that failure to pay is punishable by law.
It is a mode by which government make exactions for revenue in order to support their existence and
carry out their legitimate objectives (Tax law and Jurisprudence by Justice Vitug, 2000)

It is the most pervasive and the strongest of all the powers of the government.

Taxes are the lifeblood of the government, without which, it cannot subsist.

Taxation is an inherent attribute of sovereignty. It is a power that is purely legislative. Essentially, this
means that in the legislature primarily lies the discretion to determine the nature (kind), object
(purpose), extent (rate), coverage (subjects) and situs (place) of taxation. It has the authority to
prescribe a certain tax at a specific rate for a particular public purpose on persons or things within its
jurisdiction. In other words, the legislature wields the power to define what tax shall be imposed, why it
should be imposed, how much tax shall be imposed, against whom (or what) it shall be imposed and
where it shall be imposed.

As a general rule, the power to tax is plenary and unlimited in its range, acknowledging in its very nature
no limits, so that the principal check against its abuse is to be found only in the responsibility of the
legislature (which imposes the tax) to its constituency who are to pay it. Nevertheless, it is
circumscribed by constitutional limitations. At the same time, like any other statute, tax legislation
carries a presumption of constitutionality.

(GR No. 160756) (https://www.projectjurisprudence.com/2018/05/nature-of-power-of-taxation.html)

Distinction of Tax

Tax distinguished from Toll

- A tax is a demand of sovereignty, while toll is demand for proprietorship
- A tax is paid for the use of government’s property, while a toll is paid for the use of another’s a
property
- A tax may be imposed by the government only, while a toll is enforced by the government or a private
individual or entity

Tax distinguished from Penalty

- a tax is intended to raise revenue, while the penalty is designed to regulate conduct.
- a tax may be imposed by the government only while a penalty may be imposed by the government or
a private individual.

Tax distinguished from Debt

- a tax is based on law, while debt is based on contract
- a tax may not be assignable, while debt is assignable
- a tax is generally payable in cash, while debt is payable in cash or in-kind,
- a person may be imprisoned for a non-payment of taxes, but any person may not be imprisoned for
non-payment of debt.

Why Tax?

The main purpose of taxation is to accumulate funds for the functioning of the government machinery.
No government in the world can run its administrative an office without funds and it has no such system
incorporated in itself to generate profit from its functioning.

The government’s ability to serve the people depends upon the taxes that are collected. Taxes are
indispensable in government operation and without it, the government will be paralyzed.
History of Taxation

The first known system of taxation was in Ancient Egypt around 3000 BC- 2800 BC in the first dynasty
of the Old Kingdom.

In Biblical times, tax is already prevalent.

According to Genesis 47:24:

“But when the crop comes in, give a fifth of it to Pharaoh. The other four-fifths you may keep as seed for
the fields and as food for yourselves and your households and your children”.

Earliest axes in Rome are called as portoria were customs duties on imports and exports

Augustus Caesar introduced the inheritance tax to provide retirement funds for the military. The tax was
five percent on all inheritances except gifts to children and spouses.

In England, taxes were first used as emergency measures.

History of taxation in the Philippines

The pre-colonial society, being communitarian did not have taxes.

During the Spanish Period, new income-generating means were introduced by the government such as
the:

Manila-Acapulco Galleon Trade

Polo Y Servicio (Forced Labor)

Bandala

Encomienda System

Tribute

Manila – Acapulco Galleon Trade was the main source of income for the colony during its early years.
The Galleon trade brought silver form Nueva Castilla and silk from China by way of Manila.

Polo Y Servicio is the forced labor for 40 days, of men ranging from 16 to 60 years of age who were
obligated to give personal services to community projects. One could be exempted from the polo by
paying a fee called falla (which was worth one and a half real).

Bandala is one of the taxes collected from the Filipinos. It comes form the Tagalog word mandala,
which is around the stock of rice stalks to be threshed.

Encomienda is large tracts of land given to a person as a reward for a meritorious act. The
encomenderos were given full authority to manage the encomienda by collecting tribute from the
inhabitants and govern people living on it.
Tribute was the residence tax during the Spanish times. It may be paid in cash or kind, partly, or wholly.

But in 1884, the tribute was replaced by the cedula personal or personal identity paper, equivalent to
the present community tax certificate.

Did you Know?That in the 19th century, the “cedula” served as

an identification card that had to be carried at all times. A
person who could not present his or her cedula to a guardia
civil could then be detained for being “indocumentado”. 
Andres Bonifacio and othe Katipuneros tore their cedulas in
August 1896, signaling the start of the Philippine Revolution.

The Development of the Community Tax

The cedula was imposed by the Americans on January 1, 1940, when Commonwealth Act No. 465 went
into effect, mandating the imposition of a base residence tax of fifty centavos and an additional tax of
one peso based on factors such as income and real estate holdings. The payment of this tax would
merit the issue of a residence certificate. Corporations were also subject to the residence tax.

Why is “cedula” important?

A person is required to present a cedula when he or she acknowledges a document before a notary
public; takes an oath of office upon election or appointment to a government position; receives a
license, certificate or permit from a public authority; pays a tax or free; receives money from a public
fund; transacts official business, or receives salary from a person or corporation.

Purposes and Significance of Tax

Primary purpose: generates funds or revenues use to defray expenses incurred by the government in
promoting the general welfare of its citizenry, Public expenditure Other purposes: to equitably contribute
to the wealth of the nation.

The Four R’s of Taxation

Taxation has four main purposes or effects:

1.       Revenue

2.       Redistribution

3.       Repricing

4.       Representation

Revenue – The taxes raise money to spend on armies, roads, schools and hospitals, and on more
indirect government functions like market regulation or legal systems
 Redistribution – This refers to the transferring wealth from the richer sections of society to poorer
sections.

Repricing – Taxes are levied to address externalities; for example, tobacco is taxed to discourage
smoking and a carbon tax discourages the use of carbon-based fuels.

Representation – As what goes with the slogan “no taxation without representation” it implies that:
rules tax citizens and citizens demand accountability from their rulers as the other part of this bargain.

The Philippine Tax System

Tax law in the Philippines covers national and local taxes. National taxes refer to national internal
revenue taxes imposed and collected by the national government through the Bureau of Internal
Revenue (BIR) and local taxes refer to those imposed and collected by the local government. The 1987
Philippine Constitution sets limitations on the exercise of the power to tax. The rule of taxation shall be
uniform and equitable. The Congress shall evolve a progressive system of taxation (Article VI, Section
28, Paragraph 1).

  

Government Budget and Expenditures

GFCE (GOVERNMENT FINAL CONSUMPTION EXPENDITURE) – Government acquisition of goods

and services for current use to directly satisfy individual or collective needs of members of the
community.

GFCF (GROSS FIXED CAPITAL FORMATION or government investment) – Government acquisition

of goods and services intended to create future-benefits such as infrastructure investment or research.

The Branches of Government vis-à-vis the Tax Law

The Congress may, by law, authorize the President to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharf-
age dues, and other duties or imposts within the framework of the national development program of the
Government (Article VI, Section 28, Paragraph 2).

The President shall have the power to veto any particular item or items in an appropriation, revenue, or
tariff bill, buy the veto shall not affect the item or items to which he does not object (Article VI, Section
27, Paragraph 2).

The Supreme Court has the power to: review, revise, reverse, modify, or affirm on appeal or
certification, as the law or the Rules of Court may provide, final judgments and orders of lower courts in
all cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation
thereto (Article VIII, Section 5, Paragraph 2b).

The Forms of Taxes Imposed on Persons and Property

A)     Personal, capitation or poll taxes

These are taxes of fixed amount upon residents or persons of a certain class without regard to their 
property or business

B)     Property taxes
1. Real Property Tax – an annual tax they may be imposed by a province or city or a municipality on
 real property such as land, building, machinery and other improvements affixed or attached to real
property.
2. Estate Tax (Inheritance Tax) -  a tax on the right of transmitting property at the time of death and on
the privilege that a person is given in controlling to a certain extent the disposition of his property to take
effect upon death.
3. Gift or Donor’s Tax – a tax on the privilege of transmitting one’s property or property rights to another
or others without adequate and full valuable consideration.
4. Capital Gains Tax – a tax imposed on the sale or exchange of property. Those imposed are
presumed to have been realized by the seller for the sale, exchange or other disposition of real property
located in the Philippines classified as capital assets.

C)     Income Taxes – Taxes imposed the income of the taxpayers from whatever sources it is derived. Tax
on all yearly profits arising from property, possessions, trades

D)     Excise or License Taxes – imposed on the privilege, occupation or business not falling within the
classification of a poll taxes or property taxes. These are imposed on alcohol products; on tobacco
products; on petroleum products like lubricating oils, grease, processed gas etc on mineral products
such as coal and coke and quarry resources; on miscellaneous articles such as automobiles.

1.      Documentary Stamp Tax – imposed upon documents, instruments, loan agreements and papers and
upon acceptance of assignments, sales, and transfers of obligation and etc.

2.      Value-added Tax – imposed on any person who, in the course of trade or business sells, barters,
exchanges, leases, goods or properties render services or engages in similar transactions.

Who Should Pay Taxes?

1.      Individuals
a. Resident Citizen
b. Non-resident Citizens
c. Resident Aliens
d. Non-resident Aliens

2.      Corporations
a. Domestic Corporations
b. Foreign Corporations

3.      Estate under Judicial Settlement

4.      Trust irrevocable both as to the trust property and as to the income

Exempted in Paying Taxes

1.      Charitable institutions, churches, parsonages or convents appurtenant thereto, mosques, and nonprofit
cemeteries and all lands, buildings, and improvements actually, directly and exclusively used for
religious, charitable or educational purposes (Article VI, Section 28, Paragraph 3)

2.      Non-stock non-profit educational institutions used actually, directly, and exclusively for educational
purposes. ( Article XVI, Section 4 (3))

Exempted to tax as stated in the Article 283 of Rules and Regulations Implementing Local Government
Code of 1991 (RA 7160):
a. Local water districts
b. Cooperatives duly registered under RA 6938 (Cooperative Code of the The Philippines)
c. Non-stock and non-profit hospitals and educational institutions
d. Printer and/or publisher of books or other reading materials prescribed by DECS (DepEd) as school
texts or references, insofar as receipts from the printing and/or publishing thereof are concerned.
 Issues on Public Finance

1.      Taxation

2.      Budget Deficit

3.      Privatization

Budget Deficit

“Kapag lumabis ang gastos sa kita ng pamahalan, nagiging malaki ang kakulangan at naapektuhan ang
katatagan ng pamahalaan. Ito ay tinatawag na deposit sa badyet o budget deficit.” (www.dbm.gov.ph)

https://ddceutkal.ac.in/Syllabus/MA_Education/Education_Paper_5_history.pdf