Readings in Philippine History

UNIT 4-A
SOCIAL, POLITICAL, ECONOMIC
and CULTURAL ISSUES
A General Discussion

Figure 16. The destruction of downtown Manila during the liberation

campaign. (Katz, 2004).

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 Lesson 1 

THE CONSTITUTIONS OF THE PHILIPPINES

Introduction

In essence, a constitution is a codified law that determines the powers and duties of a
government and it embodies certain rights of the people.

The Constitution is the supreme law of the land. When the legislative department
passed a law and found by the judicial department in conflict with the Constitution, such law
has no force and effect and has to be declared unconstitutional.

However, a constitution is not just about codified laws but a trace of the development
of national ideals. As historical record revealed, Filipino people revolted against Spain and
the United States practically to demonstrate their desire for self-governance. Evidence to
which are Kartilya ng Katipunan by Emilio Jacinto and various provisional constitutions.

Learning Outcomes

At the end of the lesson, the students should be able to:

1. Analyze the historical origin and development of Philippine constitutions.

2. Propose recommendations whether the present constitution is attuned to the
changing needs and political realities of the time.

The Spanish Constitution in the Philippines

As confirmed by Spanish writers, the inhabitants of the Philippines possessed a culture

of their own prior to the coming of the Spaniards to the Islands. There existed a sense of
civilization among the inhabitants as reflected on their system of government and religion.
However, there is no recorded constitution in the strict sense of the word until it was introduced
by the Spaniards.

For three short periods, Spanish Constitution was effective in the Philippines, namely,
for the years 1810-1813, 1820-1823, and 1834-1837. During this period, the Philippines had
representation in the Cortes, the legislative body of the Spanish government. After the year
1837, repeated efforts were made to revive the campaign for rights, foremost of which was
the petition made by the Propaganda Movement. Filipino people at that time stated that they
should have the same political and civil rights as the Spanish people. Such failure to extend
the right was one of the protests of the Ilustrados which in turn created an impact in the
struggle for independence in the 1896 Revolution.

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The Malolos Constitution

With the success of the Philippine Revolution, the Filipino people declared
independence against Spain led by Emilio F. Aguinaldo. He established a revolutionary
government and was named its president. He then issued a proclamation creating a
Revolutionary Congress to draft a constitution for the government.

On September 15, 1898, the revolutionary Congress was convened in Malolos,

Bulacan to draft the constitution which was later on known as the Malolos Congress. The
Congress was composed of both appointed and elected delegates representing all provinces
of the Philippines. After several amendments, Aguinaldo approved and promulgated the
Malolos Constitution on January 21, 1899. The Malolos Constitution became the first
Philippine Constitution and the first republican constitution in Asia. The Malolos Constitution
lasted from 1899 to 1901.

The American Constitution in the Philippines

Meantime, right after the signing of the 1898 Treaty of Paris which ceded the
Philippines to the United States, American influence on the constitutional history of the
Philippines began. American laws were bodily or partially transplanted; American methods of
governance and education were introduced; and American thoughts became predominant.
The President of the United States issued orders and the Congress of the United States
passed laws that had binding effect in the Philippine Islands. Three of these measures were
(1) the Instructions of the President to the Philippine Commission of April 7, 1900, (2) the
Philippine Bill of 1902 or the Philippine Organic Act which was sponsored by Henry Allen
Cooper and was enacted into law on July 1, 1902 and (3) the Philippine Autonomy Act of 1916
or the Cooper Act. These laws served as the constitutions of the Philippines from 1902 to
1935.

The 1935 Constitution

The Hare-Hawes Cutting Law brought to the Philippines by Osmeña and Roxas set a
controversy in the Philippine Legislature. Quezon himself showed dissatisfaction by rejecting
the Hare-Hawes-Cutting Law. One striking, objectionable provision in the law which Quezon
strongly precluded was on the establishment of permanent military and naval bases by the
United States in the Philippines for ninety-nine years. To him, that provision was a deliberate
intrusion to the sovereignty of the country. Accordingly, he went to the United States in order
to secure another independence mission which was known as the Tydings-McDuffie Act.
Looking at the two laws, the Tydings-McDuffie Law was a bit different from the Hare-Hawes-
Cutting Law because the former was the result of the amendment on the latter by the U.S.
Congress.

In 1934, the United States Congress passed the Philippine Independence Act, which
set the parameters for the creation of a constitution for the Philippines. The election of
delegates to a Constitutional Convention was held. The 1934 Constitutional Convention
finished its work on February 8, 1935. The 1935 Constitution was ratified by the Filipino
people through a national plebiscite held on May 14, 1935. The constitution was held into full
force and effect on November 15, 1935 with the inauguration of the Commonwealth of the

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Philippines. One of its governing

principles was on the provision
stating that it would remain as the
constitution of the Republic of the
Philippines until independence
would be granted on July 4, 1946.

The 1935 Constitution is

remembered due to the following
provisions: (1) the presence of a
legislature which consisted of
upper and lower houses.; (2) the
election of the President and the
Vice President of the Philippines
to a term of four years; (3) the
right granted to every male
Filipino citizen aged 21 or older,
able to read and write, to vote; and, (4) the right to vote which was eventually extended to
women within the next two years,
following the adoption of the Figure 17. Manuel Roxas signing the constitution of the Philippines.
(Retrieved from https://www.officialgazette.gov.ph/
constitution (Palafox, 2012).
constitutions/constitution-day).

The Commonwealth government was a transitory government towards an

independent state. The 1935 Constitution which provided legal basis for its affairs was
suspended by the occupation of the Japanese who sponsored a puppet republic with its own
constitution. Since the constitution of the puppet republic was not recognized by the liberating
forces of the Americans, the 1935 Constitution was placed in effect once more and it remained
in effect for many years until the declaration of martial law in 1972.

The 1973 Constitution

A Constitutional Convention was also created to amend or revise the 1935

Constitution. President Ferdinand E. Marcos issued Presidential Decree No. 86, s. 1972,
creating citizens assemblies to ratify the newly drafted constitution by means of a viva voce
vote in lieu of secret balloting. Marcos announced that it had been ratified and in full force
and effect on January 17, 1973.

The results and ratification of the constitution were challenged at the Supreme Court
by a group of opposition, invoking among others that PD 86 “has no force and effect as law
because the calling... of such plebiscite, the setting of guidelines for the conduct of the same,
the prescription of the ballots to be used and the question to be answered by the voters, and
the appropriation of public funds for the purpose, are, by the Constitution, lodged exclusively
in Congress...” (La Viña, 2016, para. 2).

In spite of the ratification announced by President Marcos, the Supreme Court decided
that the procedure followed was not in accordance with Article XV, Section 1 of the 1935
Constitution. In spite, however, of the dissenting decision of the Court, Chief Justice Roberto
Concepcion stated that ''there is no judicial obstacle to it being in force and effect” (“Validity
of Marcos's”, 1981)

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The 1987 Constitution

After the People Power Revolution, President Corazon C. Aquino issued Proclamation
No. 9, s. 1986, which created a Constitutional Commission tasked to draft a new charter that
would replace the 1973 Constitution. A national plebiscite was held on February 2, 1987 in
order to ratify the new constitution. On February 11, 1987, by virtue of Proclamation No. 58,
President Aquino announced the official canvassing of results and the ratification of the draft
of the constitution. The 1987 Constitution took effect immediately upon its ratification by the
majority of the votes cast in a plebiscite held on February 2, 1987.

Unlike in the 1935 and 1973 Constitutions, one of the unique features of the 1987
Constitution is the concept of social justice which treated as a separate subject. The President
of the Constitutional Commission, Justice Cecilia Muñoz-Palma, said that social justice is the
heart of the 1987 Constitution. According to Justice Jose P. Laurel, in the case of Calalang
vs. Williams, social justice is neither communism, nor despotism nor atomism nor anarchy,
but the humanization of laws and the equalization of social and economic forces by the state
so that justice in its rational and objectively secular conception may at least be approximated.
Social justice means the promotion of the welfare of all the people, the adoption by the
government of measures calculated to insure the economic stability of all the component
elements of society through the maintenance of proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally, through the adoption of
measures legally justifiable, or extra-constitutionally, through the exercise of powers
underlying the existence of all governments, on the time-honored principle of salus populi est
suprema lex.

Aside from the mother provision in Article XIII, other articles of the 1987 Constitution
contain social justice provisions. It can be said that social justice provision is found all over
the Constitution and not just in Article XIII—it can also be found in Articles XII and XIV. The
deliberations of the Constitutional Commission were enlightening as to the historical and
social context of these social justice provisions. The history of social injustice during Spanish
and American occupations encouraged the members to do this action.

Activity

Navigate to https://www.officialgazette.gov.ph/constitutions and examine the various

constitutions of the Philippines across the different periods and do the task provided in
the matrix below. Give at least one comparison (similarity) and one contrast
(difference) on each of the three points indicated.

Points of Comparison / Contrast

Constitutions
The National Territory Bill of Rights Citizenship

1935 Constitution

1943 Constitution

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1973 Constitution

1987 Constitution

❖

References

Evolution of the Philippine constitution. (n.d.). Official Gazette. Retrieved from https://www.
officialgazette.gov.ph/constitutions/constitution-day

Katz, Phillip P. (2004). World War II in the Philippines: A pictorial review. Eugene J.
Adams.

La Viña, Tony. (2016). The travesty of the 1973 constitution. Retrieved from
https://manilastandard.net/mobile/article/216640.

Palafox, Q. A. J. (2012). The constitution of the Philippine commonwealth. Retrieved from

https://nhcp.gov.ph/the-constitution-of-the-philippine-commonwealth.

Philippine constitution. (n.d.). Official Gazette. Retrieved from https://www.officialgazette.

gov.ph/constitutions.

Record of the constitutional commission: Proceedings and debates (Vol. 1). (1986).
Constitutional Commission of 1986. Retrieved from https://archive.org/details/
record-of-constitutional-commission-volume-1/mode/2up.

Validity of Marcos's '73 constitution is challenged. (1981). The New York Times. Retrieved
from https://www.nytimes.com/1981/04/01/world/validity-of-marcos-s-73-
constitution-is-challenged.html.

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 Lesson 2 

THE INDIGENOUS PEOPLES: SOME NOTES

Introduction

Tracing back the history of the Philippines, the implication of colonization includes
cultural influences. Around three hundred thirty-three years under the Spaniards, almost forty-
eight years under the Americans and three more years under the Japanese, there have been
communities all over the Philippines that were able to manage and keep their cultural identity.
These groups were able to retain their distinct and unique cultural, economic and political
characteristics which, as had been clearly observed, diverse from the dominant societies at
the present time. These societies where known to be the Indigenous People of the Philippines.

Learning Outcomes

At the end of the lesson, the students should be able to:

1. Understand the meaning and socio-political background of the Indigenous Peoples

in the Philippines.
2. Learn the basic information about the Indigenous Peoples’ Rights Act of 1997.

What is the meaning of Indigenous People?

The term Indigenous People (IP) has its common perception of uncolonized people.
The most cited definition of “Indigenous” comes from Cobo’s study ("State of the World's",
2009). In his definition, he explained that Indigenous people, communities or nations have
their historical continuity with regards to the pre-colonization of their countries (Cobo, 1983).

According to the United Nations (“State of the World's”, 2009), the following are the
concept of historical continuity:

1. Occupation of ancestral lands, or at least of part of them

2. Common ancestry with the original occupants of these lands
3. Culture in general, or in specific manifestations (such as religion, living under a
tribal system, membership of an indigenous community, dress, means of
livelihood, lifestyle, etc.)
4. Language (whether used as the only language, as mother-tongue, as the habitual
means of communication at home or in the family, or as the main, preferred,
habitual, general or normal language)
5. Residence in certain parts of the country, or in certain regions of the world
6. Other relevant factors.

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Aside from historical continuity, Indigenous People is the contrary of the prevailing or
dominant societies in terms of cultural and social identity ("Indigenous Peoples", 2002). The
IP’s considerably was able to preserve and protect their culture amongst the presence of
threat from the “outside” community.

The Indigenous Peoples (IPs) of the Philippines

During the Spanish colonization, communities who resisted colonial rule and
conversion to Christianity were categorized as infieles (infidels), salvajes (savages) or tribus
salvajes (savage tribes). As the colonial rule transferred to the American regime these
communities were called non-Christian tribes ("The Indigenous Peoples Right Act", 2007).

On October 1901, the Bureau of Non-Christian Tribes was created and led by David
Barrows. He was an anthropologist and he supervised the 1903 Philippine Census for the
ethnic classification in the country. As a result, and in the context of religion, two major
categories were created to classify the Filipinos. The first one was called the Christian and
Civilized Tribe which composed of the major population while the second one was called the
Non-Christian and Wild Tribes or the minorities ("The Indigenous Peoples Right Act", 2007).

Figure 18. History of Government Agencies on Indigenous People (World Bank, 2007, Illustration by
Sherrenne De Amboy)

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The Philippines became one of the first countries in Asia who used the term Indigenous
People (Asian Development Bank, 2002; World Bank, 2007). The country is composed of
110 ethno-linguistics groups, raptly 14-17 million of its population (Indigenous people of the
Philippines, 2009). Majority of the IPs are located in Mindanao which consists of 61 % of the
population while 33 % from the Northern Luzon which are mostly situated in the Cordillera
Administrative Region (CAR) and the remaining group are from Visayas (Carino, 2012).

In Mindanao there are two main IP groups, the Lumads and the Moro Peoples. The
term Lumad is used to refer the 18 non-Muslim IP groups in the region. According to the
Visayans, Lumad means “of the land”. The seven listed Islamized group are known to be the
Moro Peoples or the Muslims (Thompson, 2014).

The Igorot is the collective and most common term used for the IPs in the Cordillera
Administrative Region. Their inclination to highland habitat became one of the reasons why
the Spanish conquistadores were not able to convert them into Christianity. Some of them
live near the rivers and foothills. Other ethno-linguistic groups in the region are identified as
Ifugao, Ibaloy, Bontoc Isneg, Tinguia and Kankanaey. According to Carino (2012) and
Thompson (2014), the term Igorot means people from (i-) the mountain. And lastly, the
Mangyan, the collective name for eight sub-groups, are found in the Island of Mindoro.

Figure 19. Ethno-Linguistic Map of the Philippines (NCIP, 2019)

The IPs, regardless of their unique and distinct culture, belong to the most
disadvantaged group and subjected to racial discrimination (De Vera, 2007; Sanders, 1989).
The timeline (see Figure 18) shows the history of government agencies in the country which

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created to protect the welfare of the IPs in the Philippines. The 1987 Constitution therefore
recognize the rights of the IPs the country, to wit:

“The State recognizes and promotes the rights of indigenous

Cultural communities within the framework of national unity and development”

Article II, Sec 22 (Declaration of State Policies and Principles)

Following the mandate of the 1987 Constitution, the Indigenous Peoples’ Rights Act
or IPRA was enacted in 1997 during the term of President Fidel Ramos. That Republic Act
became responsible in the ratification of the creation of the Four Bundle of Rights for the IPs
in the country (see figure 19).

Figure 20. Four Bundles of Rights from Republic Act No. 8371.
(Illustration by Sherrenne De Amboy).

The year after IPRA was enacted the National Commission on Indigenous People was
created. The agency’s mandate is to protect and promote the interest and welfare of the IPs
in connection to their beliefs, traditions, institutions and customs.

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Activity

Write a reflection essay regarding the information that you will gather on the following
tasks:

Option A. Interview. Make an interview to at least three persons whom you know
and ask their perception of the Indigenous Peoples by asking the
following questions:

1. What comes into your mind when you read or hear the term indigenous? How
about the term indigenous people? What words or terms do you usually
associated with them?
2. Do you think that the indigenous peoples of the Philippines are fairly treated
in terms of equal opportunities like education, livelihood and health care?
Why?

Option B. Film Viewing. Watch the full episode of Kara David’s award-winning
Ambulansiyang de Paa at https://www.youtube.com/watch?v=JI-Qgl1A-
g0 and make your personal assessment on the conditions of many
indigenous peoples in the country at present.

❖

References:

Carino, J. K. (2012). Country technical notes on IP’s isues Republic of the Philippines (Vol.
12, No. 17, pp. 167–168). Retrieved from https://doi.org/10.1525/as.1943.12.
17.01p1254s.

Cobo, J. M. (1983). Study of the problem of discrimination against indigenous populations.

In United Nations economic and social council (Vol. 2, pp. 50–51). http://www.un.org/
esa/socdev/unpfii/documents/MCS_xxi_xxii_e.pdf

De Vera, D. (2007). Indigenous peoples’ rights in the Philippines: A country case study. In
OECD journal on development (Vol. 9, Issue 2, pp. 73–82). Retrieved from
https://doi.org/10.1787/journal_dev-v9-art13-en

GMA Public Affairs (Producer) & David, Kara (Host/Writer). (2009). Ambulansiyang de paa.
In I-witness. Retrieved from https://www.youtube.com/watch?v=JI-Qgl1A-g0.

Indigenous peoples / Ethnic minorities and poverty reduction . (2002). Sustainable

development (Issue June). Asian Development Bank. http://www.adb.org/sites/
default/files/publication/28025/indigenous-peoples-philippines.pdf

Indigenous people of the Philippines. (2009). United Nations. 2009–2010.

https://www.citationmachine.net/resources/how-to-cite-a-pdf/.

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IPRA and NCIP. (2019). National Commission for Indigenous Peoples. https://www.sec.
gov.ph/wp-content/uploads/2019/11/2018_

Sanders, D. (1989). The UN working group on indigenous populations. In Human rights

quarterly (Vol. 11, No. 3, pp. 406-433). Retrieved from
https://doi.org/10.2307/762100.

State of the world ’s indigenous (2009). United Nations Department of Economic and Social
Affairs. https://www.un.org/esa/socdev/unpfii/documents/SOWIP/en/
SOWIP_web.pdf.

The Constitution of the Republic of the Philippines. (n.d.). Official Gazette.

https://www.officialgazette.gov.ph/constitutions/1987-constitution/#article-i

Thompson, P. (2014). Philippines indigenous peoples. In World directory of minorities and

indigenous peoples (Website). Retrieved from https://minorityrights.org/minorities/
indigenous-peoples-6/.

The indigenous peoples right act: Legal and institutional framework, implementation and
challenges. (2007).. World Bank. Retrieved from https://serp-p.pids.gov.ph/serp-
p//details.php?pid=4326&param=World+Bank.

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 Lesson 3 

HISTORY OF AGRARIAN REFORM IN THE PHILIPPINES

Introduction

In the Colonial Period, the Filipinos had been working with so many struggles in their
agricultural lands. Many challenges—both natural and man-made phenomena—prevented
them from enjoying the fruits of their toils. It is for this reason that they also remained poor
and miserable amidst the supposed richness of their country’s natural resources.

It is said that the farmers serve as the backbone of the local economy and that they
have been feeding the nation since time immemorial until the present. But why is it that many
of them remain to be poor and obscure despite the richness of their land that they cultivate?
Across the many years, it has been their ardent desire to at least break their bondage from
their landlords and cultivate the land which, in turn, shall give them the benefit to determine
economically for themselves and their social disposition.

Since the establishment of the First Philippine Republic, each Philippine president has
significant legislations on agrarian reform. Notably, every Philippine Constitution undertakes
the promotion of social justice and agrarian reform program. However, it was only Republic
Act No. 6657 or the Comprehensive Agrarian Reform Law of 1998 which attempted to fully
distribute lands to farmers. Despite the promise of the provisions of laws and policies of the
state, however, agrarian reform has remained elusive to the farmers and farmworkers. Many
are still struggling in the countryside, un-nourished with food and without their own land to
cultivate.

Learning Outcomes

At the end of the lesson, the students should be able to:

1. Analyze the historical origin and development of agrarian reform
2. Propose some recommendations that can benefit the farmers after understanding
the root cause or problem of agrarian reform.

What is Agrarian Reform?

Agrarian reform is defined as the 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

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distribution of shares of stock, which will allow beneficiaries to receive a just share of the fruits
of the lands they work.

Land Issues in the Colonial Period

The Spanish government, through the Laws of the Indies, declared all lands in the
Philippines as exclusive territory of the Spanish Crown. The Spaniards destroyed the
traditional system of land ownership–that is, common ownership of land by village clusters
known as barangays which was similar to the existing systems among several indigenous
communities–and distributed the lands (haciendas) to Spanish military officials and the clergy
or to established encomiendas (administrative districts). This system granted that the
encomenderos must defend their encomiendas from external attack, maintain peace and
order within their jurisdiction, and support the activities of the missionaries. In turn, the
encomenderos acquired the right to collect tributes from the indios (natives).

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

The coming of the United States as the news colonizer did not address this problem
even when it bragged of its banner of democracy, championing equal rights and opportunities
for all. By contrast, the new conquerors only established a new class, although certain
changes were introduced namely, (1) The Land Registration Act of 1902 which paved the way
to land titling; (2) the Public Land Act of 1903 or The Homestead Act; and, (3) The Tenancy
Act of 1933 which set certain limitations on the size of land ownership.

Meanwhile, the 1935 Constitution addressed the issue of foreign access to land, i.e.,
corporations must have at least 60 percent Filipino ownership and use-rights were limited in
time. Other reforms included limitations on interest rates on loans and an increase in the
sharecropping’s share from 50 percent to 70 percent. Very little of these laws were really
followed in practice and the Huk rebellion was born.

Post-war Measures

After the decolonization of the United States, Manuel A. Roxas enacted Republic Act
No. 55 which provided for a more effective safeguard against arbitrary ejectment of tenants.
During the administrations of Ramon Magsaysay (regarding the Mindanao resettlement
program) and Diosdado Macapagal, land reform was again tackled but no significant results
were achieved in terms of scope and magnitude of land transfer. When Ferdinand Marcos
became president and declared Martial Law, the whole of the Philippines was declared a land
reform area under Presidential Decree (P.D.) No. 27. Significant progress was made but the
continued practice of the share tenancy system, the exemptions allowed by the government
and the shortcomings in the support system did much to limit the efficacy of the reforms on
addressing poverty by 50 percent of the rural population).

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The Post-Martial Law Implementation

Then, the Comprehensive Agrarian Reform Law (CARL) years was enacted in 1988.
Land distribution increased substantially but lack of support system was still prevalent while
many big landed estates have not yet been included in the program. When President Fidel
V. Ramos formally took over in 1992, his administration came face to face with 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”.

In his administration, President Joseph Estrada launched the Magkabalikat Para sa

Kaunlarang Agraryo or MAGKASAKA. The Department of Agrarian Reform (DAR) forged joint
ventures with private investors into agrarian sector to make FBs competitive. The agrarian
reform program under the Arroyo administration was 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.”

President Benigno Aquino III vowed during his 2012 State of the Nation Address that
he would complete the implementation of the Comprehensive Agrarian Reform Program
(CARP) by the end of his term. The model of his reform was the implementation of the
program during the time of his mother, the late President Corazon Aquino. President Rodrigo
Duterte, on the other hand, 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”.

Activity

Read some notes on agrarian reform in the Philippines and prepare a comparative
matrix showing a) the evolution of agrarian policies over the years, b) the content of the
policies, and c) the implication of the law on agrarian issues.

❖

References

Republic Act No. 6657. (n.d.). Official Gazette. Retrieved from https://www.
officialgazette.gov.ph/1988/06/10/republic-act-no-6657/

Agrarian reform history. (n.d.,). Department of Agrarian Reform. Retrieved from

https://www.dar.gov.ph/about-us/agrarian-reform-history/

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