Land and Agrarian Reform in the Philippines

Land Reform

 refers to a wide variety of programs and measures usually by the

government to bring about more effective control and use of land for the
benefit of the community
 generally comprise the takeover of land by state from big land lords with
compensation, and transfer it to small farmers or landless workers
 aimed at changing the agrarian structure to bring equity and to increase
productivity. The structure includes both the relationship of man to his
land, and man’s relationship with others (tenant and landlord)

Agrarian Reform

 Along with land reform, it also includes measures to modernize the

agricultural practices and improving the living conditions of everyone
within the entire agrarian community
 includes various supports to agricultural education, the establishment of
cooperatives; development of institutions to provide agricultural credit
 and other inputs; processing and marketing of agricultural produce; and
establishment of agro-based industries, and others

One of the effects of colonizing periods was the concentration of

landholdings in the hands of the law. These few people whom they call as
landlords or “caciques” have yielded tremendous influence in the social and
economic life of the nation that they had been able to dictate to their
dependents (the tenants and their families) to such matters as to whom to
vote for in political elections. They have also influenced political action in
various ways in order to maintain the status quo.

History of Land Reform in the Philippines

Land and Agrarian Reform in the Philippines. What is land/ agrarian reform? Land
reform refers to a wide variety of programs and measures usually by the
government to bring about more effective control and use of land for the
benefit of the community. Land reform generally comprise the takeover of land by
state from big land lords with compensation, and transfer it to small farmers or
landless workers. It is aimed at changing the agrarian structure to bring equity and to
increase productivity. The structure includes both the relationship of man to his
land, and man’s relationship with others(tenant and landlord).Agrarian reform is
more complex. Along with land reform it also includes measures to modernize
the agricultural practices and improving the living conditions of everyone within the
entire agrarian community. It includes various supports to agricultural education,
the establishment of cooperatives; development of institutions to provide
agricultural credit and other inputs; processing and marketing of agricultural produce;
and establishment of ago-based industries, and others. The desire to obtain social
justice and full development of the dignity of man within given situations of
land reform has gained great importance across the years in many countries of the
world especially in agricultural countries. One of the effects of colonizing periods
was the concentration of landholdings in the hands of the law. These few people
whom they call as landlords or “caciques” have yielded tremendous influence in the
social and economic life of the nation that they had been able to dictate to their
dependents (the tenants and their families) to such matters as to whom to vote for in
political elections. They have also influenced political action in various ways in order
to maintain the status quo.
Pre-Spanish Era
Before the Spaniards came to the Philippines, the Filipino social system was
feudal. Like the feudalistic systemin the medieval Europe, a warrior class
existed bound by fealty to a warlord. This
class lived on the labor of the serfs and slaves but in exchange, this warrior class
protected them and exercised a ready though rough kind of justice. Within the
Filipino social structure, the datus (chiefs) comprised the nobility (maharlikas). Then
there are the timawas (freemen), followed by the aliping namamahay (serfs)
and aliping saguiguilid (slaves).The freeborn did not pay tributes or taxes to the
datu, but were bound to follow him to war. They provided their own weapons and
gears, manned the cars when they set sail, built their houses ,and planted their rice
fields.The serfs served his master or lord, who may be a datu or someone else who
is a maharlika, and tilled his land. Both master and serfs equally divided the
produce of the land. They had houses of their own, maintained private property,
and passed these on to their children as legacy. They were also allowed
the free disposal of their chattels (movable personal properties) and their
lands. The serfs corresponded to the aparceros (tenants) of the late 19thcentury
Spanish era. The slaves served the lord or master in both his house and farm. They
were allowed some share of the harvest, but they were their master’s property.
Thus they could be sold, particularly those captured in wars, or born and reared as
farm hands. In the subsistence economy of the early Filipinos, money was unknown,
and rice served as the medium of exchange.
Spanish Era (1565-1898)
During the Spanish colonial period, lands were divided and granted to
encourage Spanish settlers or reward soldiers who served the Crown. These were
called encomiendas. The conditions of this grant state that the encomendero
must defend his encomienda from external attack, maintain peace and order
within, and support the missionaries. In consideration of these services, the
encomendero acquired the right to collect tribute from the indios (natives) in
the amount and form determined by the royal government. The encomienda
system was originally established more for the benefit of the natives than of the
encomenderos. Thus the latter could not be called lords because they were
considered protectors, advocates and tutors of the natives. The system,
however, degenerated into abuse of power by the encomenderos. The tributes
they were authorized to collect soon became land rents, and the people living within
the boundaries of the encomienda became tenants. The encomenderos became
the first group of hacenderos in the country. Meanwhile, the colonial
government took the place of the datus. The datu was now called cabeza de
barangay, but it was the proprietors of the estates who held the real power in the
barangay or community. There were four classes of estate proprietors in the
Philippines during the Spanish period: first, the religious orders Dominican and
Augustinian; second, the Spanish peninsulares; third, the criollos and mestizos; and
lastly, the native principales. The Dominican friars leased their lands to both the
natives and mestizos, who became known as inquilinos. Each inquilino paid a fixed
ground rent for the area he cultivated, and the estate owner was not allowed to
lease the land to others unless the incumbent leaseholder failed to pay the rent for
two consecutive years. However, the inquilinos abused this policy by disposing
off the lands as if they owned them. They sold their interest in them or
mortgaged to wealthy takers, or sub-leased them at rents higher than what they
themselves paid. Thus by being inquilinos, they earned more than the estate
owners without doing virtually any work.
This became the root of a system in which native agricultural entrepreneurs
that tilled and cleared the land with the aid of tenants whom they hired on a
sharecropping basis had to lease the land. In time, the system evolved a set of
practices that soon began to exploit the tenant tillers. Although Spanish authorities
were aware of these pernicious practices, no effective measures were made in
spite of two royal decrees issued in 1880 and 1184 urging landholders to
secure titles. Under these decrees, the government granted a term of one
year within which claims for free titles were to be filed. But because the large
majority of peasants either did not understand the law or found the procedure too
complicated and alien to tradition, only a few took advantage of the offer. Those few
were mostly of the cacique class, who claimed more lands than they actually had a
right to. As a result, the actual tillers were driven out of their land or forced to
become tenants of the caciques. Spanish land practices came to a halt with the
outbreak of the Philippine Revolution when Spanish land owners started to sell off
their lands as brought about by the power shift in government where Spain was on a
losing side against the Filipinos who had declared their independence in 1898 and
the Americans who were insisting to stay. First Philippine Republic (1899-
1901)Immediately after the establishment of the First Republic of the Philippines on
January of1899, the government of President Emilio Aguinaldo declared its
intention to confiscate large estates, especially the so-called Friar Lands. The
declaration was contained in the Malolos Constitution: “All the lands, buildings, and
other properties belonging to the religious corporations in these islands shall
be understood to have been restored to the Filipino state.” However, as the
Republic was short-lived, Aguinaldo’s plan was never implemented.
American Regime (1901-1935)
During the American era, several laws were passed to regulate and improve
land tenure. Among the significant legislative pieces:1.Philippine Bill of 1902 –
imposed specific conditions on the disposition of public lands2.Land Registration Act
of 1902 (Act No. 496) –provided for a comprehensive registration of land titles under
the Torrens system3.Rice Share Tenancy Act of 1933 (Act No. 4054) –regulated
relationships between landowners and tenants of rice lands 4.Tenancy Act of 1933
(Act No. 4113) –regulated relationships between landowners and tenants of sugar
cane fields At the start of the American era, some 400,000 native farmers were
without titles because of the defective land system rooted in Spanish institutions,
and of the farmers’ ignorance of various laws. The situation was aggravated by the
absence of records of issued titles and accurate land surveys. Land disputes began
and agrarian troubles worsened. To remedy the problem, the Americans
introduced the Torrens system of land registration whereby government-
purchased titles were granted only after the completion of a survey and land
ownership had been proven in court. This, however, did not solve the problem
completely. As with the Spanish system, the majority of farmers did not avail of the
government’s offer. 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. As for
the Friar Lands, even American authorities could not touch them as these were
covered by valid land titles issued during the Spanish era. Furthermore, the Treaty
of Paris of 1898 bound the U.S. government to protect the property interests of
religious orders.
The best solution offered for such condition was the outright purchase of the lands.
By 1919, about 69 percent of all Friar Lands had been bought and disposed of by
the U.S. Civil Government of the Philippines.
Commonwealth Period (1935-1946)Manuel Quezon (1935-1944)
By the time the Commonwealth was established under Manuel L. Quezon,
the malingering problem of land tenure relationships had already given cause
to armed discontent among oppressed tenants of estates. Pedro Calosa
spearheaded the so-called Colorum Revolt in Tayug, Pangasinan in 1931 and
four years later, Benigno Ramos mounted the Sakdal Revolt in Cabuyao, Laguna. In
response to the spreading unrest, Quezon championed the tenants’ plight and
faced the agrarian crisis squarely by implementing a program of social justice.
During his administration, Quezon improved and strengthened existing laws on land
tenure by giving more freedom to landowners and tenants to enter into tenancy
contracts not contrary to laws, morals and public policy. These laws likewise
provided for the compulsory arbitration of agrarian conflicts, and suspend any
action to eject tenants from the land they till and live in. Dictated by
Quezon’s social justice program, the expropriation of landed estates and other big
landholdings was started. Another key policy was the orderly settlement of virgin
public agricultural lands, with focus on Mindanao under the National Land
Settlement Administration. The Quezon administration began under the 1935
Constitution which declares, “The promotion of social justice to ensure the well-
being and economic security of all people should be the concern of the State.” In
1933, the Republic Act No. 4054 or the Rice Share Tenancy Act was passed. The
act provided for a 50-50 sharing arrangement between landowners and tenants.
The Third Republic
The following are the accomplishments in land and agrarian reform of the
administrations under the Third Republic.
Manuel Roxas (1946-1948)
Republic Act No. 34 –Amends RA 4054; established a 70-30 sharing arrangement
between tenant and landlord. It provided that whoever shouldered the
expenses of planting and harvesting and provided the work animals would be
entitled to 70 percent of the harvest. It also reduced the interest on
landowner loans to tenant at no more than 6 percent instead of 10 percent.
Elpidio Quirino (1948-1953)
Executive Order No. 355 –Replaced the National Land Settlement Administration
with Land Settlement Development Corporation (LASEDECO), which took
over the responsibilities of the Agricultural Machinery Equipment Corporation
and the Rice and Corn Production Administration. Ramon Magsaysay (1953-
1957)Under the Magsaysay administration, the following were accomplished:
Republic Act No. 1166 –Creation of National Resettlement and Rehabilitation
Administration (NARRA). It was particularly aimed at the peasant of the HUK
movement and was successful in attracting rebels to return back to a peaceful life by
giving them home lots and farms in NARRA settlement in Palawan and some parts
of Mindanao.Republic Act No. 1199 –Agricultural Tenancy Act provided security of
tenure for tenants. It also granted tenants the choice of shifting from share
tenancy to leasehold. It also created the Courts of Agrarian Relations.Republic
Act No. 1400 –Land Reform Act provided for the acquisition of large tenanted rice
and corn lands over 200 hectares if owned by individuals; 600 hectares if owned by
corporations.
Diosdado Macapagal (1961-1965)
Under the Macapagal administration, the Republic Act No. 3844, otherwise known
as the, Agricultural Land Reform Code was enacted. It abolished share tenancy;
institutionalized leasehold; invested rights of preemption and redemption for
tenant farmers; provided for administrative machinery for implementation;
institutionalized a judicial system of agrarian cases; incorporated extension,
marketing and supervised credit system of services to farmer beneficiaries.
Martial Law and the Fourth Republic
Ferdinand Marcos (1965-1986)
Under the Marcos administration, the following were accomplished:  Republic Act
No. 6389 –Instituted Code of Agrarian Reform and created the Department of
Agrarian Reform  Presidential Decree No. 2 –Placed the whole country under the
land reform program  Presidential Decree No. 27 –Restricted land reform scope to
tenanted rice and corn lands Presidential Decree (P.D.) 27On October 21, 1972, a
month after the proclamation of martial law, President Marcos issued P.D. 27 with
the main goal of emancipating farmers from the bondage of the soil. To the decree,
there is no more leasehold in tenanted rice and corn land. The tiller
automatically becomes the amortizing owner of the land he tills. Two Aspects of
Land Distribution1.Determination of the land to be transferred –Rice and corn
areas were selected because they were the areas of urgent reforms because of
social unrest associated with rice tenancy.2.Financing –The -decree solved the
problem of financing by fixing the value of land at a relatively modest rate, and
directing compensation that may be paid directly by the tiller to the landowner or
converted into three-way arrangement. Coverage of P.D. 27 All private tenanted
agricultural land devoted to rice and corn in excess of seven (7) hectares. Priorities
of coverage shall be:1.Larger than 24 hectares2.Less than 24 but not below 12
hectares3.12 hectares less retention limit Beneficiaries of P.D. 27Bonafide tenant
farmer of private agricultural land devoted to rice and corn are benefited with an
economic size farm fixed at three (3) hectares of irrigated lands and maximum of
five (5) hectares for non-irrigated.
Retention Limit of P.D. 27Landowners may retain an area not more than seven
(7) hectares, on conditions that each landowner is cultivating such area .Letter of
Instruction 143 (October 31, 1973) compels landowner to transfer to their
tenant, if determined by DAR to be absentee-farmer, with sources of income other
than their holdings. Letter of Instruction 474 (October 21,1976) provides that
tenanted areas of seven (7) hectares or less could be placed under P.D. 27, if the
owner own other agricultural lands not devoted to rice and corn, or other lands used
for residential, industrial, or other urban purposes from which they receive adequate
income to support themselves and their families.
The Fifth Republic
Corazon Aquino (1986-1992)
The achievements of the Cory Aquino administration on agrarian reform:  1987
Constitution (Art. II, Sec. 21) –“The State shall promote comprehensive rural
development and agrarian reform.”  Proclamation No. 131 –Institutionalized the
Comprehensive Agrarian Reform Program (CARP) and Agrarian Reform Fund
(ARF). It covers all agricultural lands regardless of tenurial arrangement and
commodity produced, all public and private agricultural lands and other lands of
public domain suitable to agriculture.  Executive Order No. 129-A –Reorganized,
streamlined and expanded power and operation of DAR.  Executive Order No.
228 –Declared full ownership to qualified farmer-beneficiaries covered by P.D. 27.
It also provided for the manner of payment by the farmer beneficiary and
mode of compensation to the landowners. Executive Order No. 229 –Provided
mechanism for the implementation of CARP such as administrative procedures
and mechanics for land registration, private land acquisition, and mode of
compensation to the landowners.  Republic Act No. 6657 –Comprehensive
Agrarian Reform Law. It is an act instituting a comprehensive agrarian
reform program to promote social justice and industrialization providing the
mechanism for its implementation and for other purposes. Republic Act (R.A.)
6657Accordingly, the centerpiece of the Cory Aquino administration was the
launching of the Comprehensive Agrarian Reform Program by virtue of
Proclamation 131 and Executive Order 229 which was signed by President Cory
Aquino on July 22, 1987. The latter provided the mechanism needed initially
to implement the CARP. The implementation of the CARP is supported into law by
the enactment of Republic Act 6657 otherwise known as the “Comprehensive
Agrarian Reform Law” which was signed by President Aquino on June 10, 1988;
thus all matters involving the implementation of agrarian reform are nor governed by
the said act. Existing laws such as R.A. 3844 as amended, P.D. 27, and other laws
consistent with the Act shall have only suppletory effect. Executive Order No. 129-
A provided for the strengthening of the DAR as the lead agency responsible
for the implementation of CARP. The Comprehensive Agrarian Reform Law
otherwise known as RA 6657 emerged nearly after a year of debates, pressure
demonstrations and deadlocks between interest groups. President Aquino
signed it on June 10, 1988 and it became effective on June 15, 1988.
Since then various measures were adopted to facilitate CARP implementation
such as the formulation of implementing guidelines, institutionalization of
implementing and coordinating mechanisms, information dissemination and
initial registration of lands, landowners and farmer-beneficiaries. To strengthen
CARP and speed up its implementation, President Aquino issued in June
1990 three key executive orders namely:1.Executive Order No. 405 –vested in
the Land Bank of the Philippines the primary responsibility for land
valuation.2.Executive Order No. 406–emphasized that CARP is central to the
government’s efforts to hasten countryside agro-industrial development and directed
the implementing agencies to align their respective programs and projects with
the CARP; created CARP implementing teams from the national to the
municipal levels; and, identified and gave priority to 24 Strategic Operating
Provinces (SOP) where the bulk of CARP workload lies, without prejudice to the
program implementation in the other provinces of the country.3.Executive Order No.
407 –directed all government instrumentalities, including financial institutions
and corporations, to turn over to DAR all lands suitable for agriculture for
coverage under CARP. Furthermore, the 1987 Constitution, which was ratified on
February 2, 1987, contains several provisions directly dealing with the agrarian
reform.

Philippine Government and Constitutions:

THEPRE-HISPANIC BARANGAY GOVERNMENT
In the pre-historic times, much of the Philippines were ruled by a Datu or Rajah who
was a king and the sovereign of his village, the barangay. The barangay was
composed of around thirty to a hundred families. There was the institution of
social classes with the nobles referred to as “maharlika’ the affluent people of the
community; the free people, “timawa” who engaged in daily labors, and ;the “alipin”
who were slaves categorized as “namamahay” who were accorded certain rights
and privileges, and the “saguiguilid” who are fully owned by their masters. There
was the existence of laws created by the Datu who was advised by his council of
elders. In Mindanao, where the Muslim religion started to spread, the Sultanate of
Sulu was formed in the 15thcentury, while the Sultanate of Maguindanao, in the
16thcentury.
SPANISH COLONIZATION PERIOD:
The advent of colonization began with the arrival of Spain through Ferdinand
Magellan in 1521. Soon after, the Philippines was a crown colony of Spain
through Mexico from 1565 to1821, as such, Spain ruled with the help of the
Council of the Indies, created in 1524, which was an overseas ministry governing
the colonies of Spain. The head of the council was the Viceroy of Mexico. Las Leyes
de Indias were the laws that Spain implemented in the colony. The Governor
General was executive chief who also had legislative powers and the Royal
Audiencia served as Supreme Court. The first government system based on
land partition was the Encomienda. After Mexico declared its independence in 1821,
Las Islas Filipinas was directly ruled by Spain until 1898.Throughout the period of
colonization, the Patrona to Real provided for the union of the State and Church
where the Church was placed under the power Spain making the friars became
politically powerful or what is referred to as “frailocracy”. In the local government,
high political powers such as the Alcalde mayor of the pacified province were
reserved only to Spaniards.
THE PHILIPPINE REVOLUTION:
The Filipinos, from the beginning of colonial oppression had always find themselves
in defiance and struggle. As a result, rebellions and resistance broke out, more than
a hundred in all, in the cry for freedom. Out of these, even though short of victory,
heroes rose in the likes of Rajah Sulayman, Diego and Gabriela Silang, Dagohoy
and Hermano Pule.In January 1872, the failed attempt of the Cavite Mutiny against
the government resulted to a case of rebellion against three secular priests Fathers
Gomez, Burgos and Zamora. They were convicted and were executed. The
disappointment of the “Ilustrados” in Europe over the fate of Gomburza pushed for
the formation of the Propaganda Movement, an action for reforms. The Propaganda
was active for years and was most effective during the period of del Pilar and Jaena
and Rizal. The “Noli Me Tangere’, Rizal’s first novel was considered as the most
powerful weapon the Propaganda ever had against Spain. However, the disunity
among the members dismayed Rizal and he resigned his leadership. He returned
to Manila where he secretly formed the Liga Filipina, a civic association.
Rizal’s political plans were disrupted when the government exiled him to Dapitan.
The Katipunan, otherwise known as the Kagalang-galangan,Kataas-taasang,
Katipunan ng Mga Anak ng Bayan (KKK), started as a secret organization
against the Spanish power in 1892. It was an organization initially membered
by the splinter of the defunct La Liga Filipina, a civic organization founded by
Jose Rizal. The Katipunan government under its leader Supremo Andres Bonifacio
declared separation from Spain in Aug. 26, 1896 in Pugadlawin, Balintawak resulting
to a nation-wide revolution. The execution of Dr. Rizal on December 30, 1896 drew
more men and women to join in and fight. To solidify further the Katipunan, Bonifacio
proceeded to Cavite, the most successful province against Spain. To unify the
Magdiwang and the Magdalo factions of Cavite, the Tejeros Assembly was
conducted. The assembly resulted to the dissolution of the Katipunan and the birth
of the Revolutionary government of the Philippines that elected Gen. Emilio
Aguinaldo as President. The Biak-na-Bato Republic under Aguinaldo was
established in 1897 upon the government’s retreat in Bulacan. It ratified the Biak-
na-Bato Constitution drafted by Isabelo Artacho and Felix Ferrer. While in Biak-na-
Bato, the governments of Spain and the Republic reached a truce called as the Pact
of Biak-na-Bato. In the hope of ending the revolution, the pact provided for
the exile of the Aguinaldo administration upon the immediate initial payment of
P400,000to the revolutionaries. While the government was in exile, the Hong Kong
Junta was established with Felipe Agoncillo as President. The pact proved to be a
failure in that the revolution continued after Aguinaldo’s exile considering that only a
few firearms were surrendered while the generals who remained did not cease to
fight. While in exile at Hong Kong, Aguinaldo worked on his return to the Philippines.
Realizing that the Spanish-American Was already broke out, he was able to
negotiate an unstable alliance with the United Stated through Commodore
George Dewey. On May 1, 1898, the American Asiatic Squadron destroyed
the Spanish armada in the Battle of Manila Bay. Aguinaldo returned to Cavite
while the Americans were entering Manila. The dictatorial government under
Adguinaldo was established upon the advise of his cabinet. The revolution
regained strength as the Philippine army defeated the Spaniards in the
provinces from southern Tagalog, to the north, and in the Visayan islands. On June
12, 1898, the culmination of all the sacrifices of all Filipino heroes and
martyrs was reached when the Independence of the Philippines was
proclaimed by Aguinaldo in his residence at Kawit, Cavite. The national flag
was waved while the Marcha Nacional Filipinas was played. The Second
Revolutionary Government was established after the day of independence. Upon
the advice of Premier Apolinario Mabini the government shifted once more to its
revolutionary state in the attempt to stabilizea true democratic state that will appeal
to the recognition of the United States who recently has established a Military
Government.On August 13, 1898, the Fall of Manila was achieved when the
Spaniards under Gov. General Fermin Jaudenes preferred to surrender to the
Americans rather than the Filipinos. The U.S. Military Government was founded
on August 14 upon orders for U.S. President William McKinley. The first U.S. Military
Governor of the Philippines was Gen. Wesley Merritt who was succeeded by Gen.
Elwell Otis. The last one in the position was Gen. Arthur Mac Arthur.
THE FIRST REPUBLICAND THE PHILIPPINE-AMERICAN WAR
On September 15, 1898, the Malolos Congress was inaugurated at the
Barasoain Church, Malolos, Bulacan. Its first task was to draft a constitution
needed for the formation of a republic. On November 29, the Congress approved
the Malolos Constitution which was drafted by Felipe Calderon. With much debates
regarding some provisions, Aguinaldo only finally approved it on January 21,
1899.On the 10th of December 1898, the Treaty of Paris was signed. Aguinaldo sent
Felipe Agoncillo as Philippine emissary, and was tasked to insist the recognition of
Philippine independence by Spain and the United States. Agoncillo was not
recognized. In the treaty, Spain transferred her possession of the Philippines to the
United States via cession together with Puerto Rico and Guam for a compensation
of $20 million. On January 4, 1899, Governor Otis made public the President
McKinley Proclamation (on the US occupation of the Philippines). Aguinaldo and
the government in Malolos protested against the US proclamation.On January
23, 1899, the First Republic of the Philippines was inaugurated. Desiring to
prove that the country is a stable state, the first Republic, otherwise known as the
“Malolos Republic” was inaugurated. President Emilio Aguinaldo was sworn into
office as the Republic President.While continuous talks between the Filipino and
American panels resulted to no agreement, anincident at San Juan Bridge started
the Philippine-American War on February 4, 1899. The war resulted to a series of
defeats to the Republic as more American troops arrived. In its retreat to Palanan,
Isabela, President Aguinaldo was captured resulting to the fall of the Republic.
AMERICAN OCCUPATION
On July 4, 1901, right after Aguinaldo's capture, the U.S. Civil Government was
inaugurated with William Howard Taft as Civil Governor. However, the military rule,
due to the continuing resistance, still prevailed over Southern Luzon until 1902,
Northern and Central Luzon until 1905 (after the execution of Macario Sakay),
and Southern Mindanao until 1914 (due to Muslim resistance).The first stage in
the development of the Civil Government was done through the passage of the
Philippine Organic Act of 1902 which was officially called as the Philippine Bill of
1902, passed on July 1,1902.The act provided for the formation of the all-
Filipino elected Philippine Assembly which served as the lower house of the
bicameral legislature wherein the Philippine Commission served as the Upper
House. The first leaders of the Philippine Assembly were Sergio Osmena, who
served as House Speaker, and Manuel Luis Quezon who served as Majority Floor
Leader.Under the administration of Gov. Francis Burton Harrison, the
Filipinization of the Philippine government was achieved with the Philippine
Commission to become dominantly Filipinos and 89% of government offices be
occupied by Filipinos. Finally, the Philippine Autonomy Law or popularly known as
the Jones Law of 1916 was passed by the U.S. Congress. The Jones Law finally
allows the Philippines to already work for its independence, thus, leading to the
Independence Missions.The end of the Harrison administration made Leonard Wood
to become the next governor. His anti-Filipino policies made him unpopular to
government politicians that led to a mass resignation of his Cabinet members or
what was called the “Cabinet Crisis of 1923.The Os-Rox Mission, or the 9th
Independence Mission of 1931, headed by Senate President Pro-Tempore Sergio
Osmena and House Speaker Manuel Roxas, triumphantly achieved the
independence law Hare-Hawes-Cutting Act.However, this was rejected by
Senate President Manuel Quezon who worked on his own independence law
in the U.S. and returned with his own Tydings-McDuffie Law which has the
same provisions as the previous one.
THE COMMONWEALTH OF THE PHILIPPINES
On July 10, 1934 the Philippine Legislature elected the representatives to the
Constitutional Convention, the delegates' task was to draft the Constitution of the
Philippines. The Presidential election of 1935 made Manuel L. Quezon as first
Commonwealth President with Sergio Osmena as Vice President. Under the
1935 Constitution national defense was the priority of the government.Under the
Commonwealth new government offices were created, new cities were created,
women were allowed to vote and the Filipino, based on Tagalog, became the
national language.WORLD WAR 2After the attack on Pearl Harbor, Hawaii on
December 7, 1941the Japanese started their attack of the Philippines the next day.
On January 2, 1942, Manila was occupied. Executive Commission during the
Japanese occupation in 1942. On Jan. 3, the Japanese High Command proclaimed
the founding of the Japanese Military Administration, which established the
Philippine Executive Commission with Jorge Vargas as chairman. After the
departure of President Quezon, Gen. MacArthur also left Corregidor. After months of
resistance and valor, Bataan fellto the Japanese resulting to the “Death March” from
Mariveles, Bataan to San Femando Pampanga. About 70,000 American and Filipino
soldiers died before and after the Fall of Bataan. After heavy battles and air
raids, Corregidor surrendered on May 1942toCommander in Chief Masaharu
Homma of the Japanese High Command.The resistance, nevertheless
continued on with the Guerilla resistance with leaders such as Manuel Roxas and
Ramon Magsaysay.On May 5, 1943, Premier Hideki Tojo publicly promised
independence to the Filipino people. As a result, the Philippine Preparatory
Commission was organized to draft a Constitution. The Philippine Constitution
was finished on September 4 and was ratified by the Constitutional Assembly. The
election of the delegates to the National Assembly was held on September 20.
On the 25th, the Assembly elected the Speaker and the President of the future
republic. Benigno Aquino was elected Speaker while Jose P. Laurel became the
President of the Second Republic.Jorge Vargas ended his term as chairman of the
Philippine Executive Commission.On August 1, 1944,President Quezon died while in
exile. Osmena was then sworn to office in Washington D.C. as President of the
Commonwealth. On October 20, about 174,000 American troops landed at
Leyte with USAFFE Commander Gen. Mac Arthur and President Sergio Osmena.
The “Battle of Leyte Gulf”, the largest naval battle in world history gave the
Japanese their conclusive defeat against the Allied forces. On January 5, 1945,
MacArthur landed in Lingayen. Manila, with all its destruction and casualties, was
won in February. The Commonwealth government was restored in Manila. On
July 5, 1945, Mac Arthur finally announced the liberation of the Philippines. To
force Japan to her unconditional surrender, the cities of Hiroshima and Nagasaki
were destroyed by the Americans with their new weapon, the atomic bomb. On
August 15, 1945, the Japanese finally surrendered to the Allied forces in a formal
signing aboard the USS Missouri. On August 17, 1945, Jose P. laurel, in Nara,
Japan, dissolved the Second Republic of the Philippines.
THE THIRD REPUBLIC
On June 9, 1945, the Philippine Congress convened for the first time after the
war. Brig. Gen. Manuel Roxas was elected Senate president. In the election of
April 1946, Manuel Roxas of the newly founded Liberal Party won against
Nacionalista’sSergio Osmena. Roxas became the third, and would be the last,
President of the Commonwealth.On July 4, 1946, the independence of the
Philippines and the inauguration of the Third Philippine Republic were highlighted by
the lowering of the American flag by American Ambassador Paul McNutt and the
raising of the Philippine flag by President Manuel Roxas. The Presidents of the
Third Republic with their accomplishments:  Manuel Roxas(LP)1946-48: VP was
Elpidio Quirino. For the rehabilitation of the country after the war was able to
achieve the U.S. grant of $25 million loan and UNRRA $10 million; U.S.-
Philippines Military Bases Agreement;the Bell Trade Act (free trade relations with the
U.S.; the Parity Amendment gave U.S. citizens equal rights with Filipinos to develop
natural resources in the country and operate public utilities. Died of heart attack in
April of 1948.
Elpidio Quirino (LP)1948-49-53:
The VP was Fernando Lopez; the Bell Mission Report was conducted;
creation of economic institutions like the ACCFA and PACSA; infrastructures such
as the Maria Cristina and the Ambuklao Dam Project; in social welfare, the Boys’
Town of the Philippines; an excellent ambassador of goodwill and friendship;
was able to improve foreign affairs; tainted with accusations of graft and corruption
like the damaging scam on the U.S. War Surplus Property amounting to$ 50
million with $ 20 million in question and allegation that Liberal Party used it
for its election campaign; administration failed in its Hukbalahap peace program
due to insincerity. Ramon Magsaysay(NP)1953-57: VP was Carlos P. Garcia; the
“Man of the Masses”; success in the Hukbalahap amnesty program; opened
Malacanang for the people; the formation of SEATO; the Laurel-Langley Agreement;
the Philippines-Japan Reparations Agreement; founding of the Social Security
System; the Land Tenure Reform Act to address agrarian problems. Died of plane
crash on March 17, 1957.  Carlos P. Garcia(NP)1957-61: VP was Diosdado
Macapagal (LP) the “Filipino First” Policy; the Austerity Program; the Bohlen-
Serrano Agreement.  Diosdado Macapagal(LP)1961-65: VP was Emmanuel
Pelaez; the Decontrol Program; the Agricultural Land Reform Law; the official
Philippine Claim to Sabah; joined the confederation MAPHILINDO; transfer of
Independence Day from July 4 to Aguinaldo’s June 12; use of Filipino language in
official documents;  Ferdinand Marcos (NP)1965-69 and reelection 1969-73: VP
was Fernando Lopez; stabilization of government finances by means of more
effective collection of taxes, imposing new tax laws, and getting loans from foreign
banks and governments; Greater production of rice by promoting the IR-8
hybrid"miracle rice" and other fast-growing rice seeds, and the construction of
more irrigation systems; infrastructures of bridges and roads like the North
Diversion Road; most number of school houses by a President; the improvement of
the Philippine National Railways; intensive operations against smuggling, crime
syndicates, and the communist New People's Army (NPA); Holding of the Manila
Summit Conference in 1966;Second term was marred by overspending in the 1969
elections the led to higher inflation and the "floating peso” devaluated; the
prevalence of dirty politics, rampage of graft and corruption in government, the
widening gap between the rich and the poor, the impotency of the 1935
Constitution to cope with the new socio-economic problems and the rising
tides of crimes, communism and subversion resulted to student power and
demonstrations.
MARCOS REGIME
Since the Philippines achieved independence in July 1946, there emerged
a persistent movement to change the Constitution of 1935. In the light of the new
situation, the Constitution of 1935 was obsolete for it was no longer in harmony
with the condition of the times. Its defects apparently were as follows: (1) it
was a product of American colonialism and was an imitation of the US
Constitution, (2) it gave too much powers to the president to become a
dictator, (3) imbalance of powers among the legislative, executive and judicial
branches, (4) its Parity Amendment was a memento of American imperialism, (5) the
COMELEC has no adequate powers to prevent election anomalies, (7) the GAO
(General Auditing Office) was powerless against corruption, and (8) it had no
provision on local autonomy.In 1969, the Communist Party of the Philippines (CPP)
was founded under the leadership of Jose Ma. Sison. In the same year CPP
founded the New People’s Army (NPA) with “Kumander Dante” Bernabe Buscayno
as leader.To draft a new constitution, the Constitutional Convention was created
with elected members, and was inaugurated on June 1, 1971. On August 21,
1971, the Plaza Miranda Massacre happened during a Liberal Party campaign
rally claiming eight lives. This led to the suspension of the privilege of
the writ of habeas corpus by Marcos on September 21 that year. By January
of 1972, the writ was restored. On September 23, 1972, after an “alleged”
assassination attempt against Secretary of Defense Juan Ponce Enrile, President
Marcos appeared on television to announce his proclamation of Martial Law.The
proclamation has been signed since September 21.The Martial Law resulted to
the arrest and detention of many in the political opposition, the media and the
academe on the accusation that they were either sympathetic to the rebels,
supporting the rebel movement or members of the communist movement. Senators
Benigno Aquino, Jr.and Jose Diokno were among those who were arrested. Marcos
also imposed curfew in the entire Philippines; the prohibition of rallies and
demonstrations; and the prohibition of carrying firearms unless authorized.He
instructed the take over and control of newspapers, magazines, radio and
television facilities and all media of communications; to take over the management,
control and operation of MERALCO, PLDT, the National Waterworks and
Sewerage Authority (NAWASA), the Philippine National Railways (PNR), the
Philippine Airlines and other airline firms, and other public utilities.After the
proclamation, the Constitutional Convention (Con-Con) reassembled and
resumed work, except for the anti-Marcos delegates who have been detained
in the military stockades. They finished the new constitution on November 29 1972.
Marcos postponed indefinitely the plebiscite. And, instead, organized the Citizen
Assemblies to represent the people. the General Assembly of Citizen
Assemblies rejected the proposal that the constitution be ratified through a
nationwide plebiscite. On the other hand the Citizen Assemblies voted for the
ratification of the 1973 Constitution through the Citizen Assemblies; the
suspension of the convening of the Interim National Assembly; the continuation of
martial law, and suspension of elections for a period of at least seven years. On
January 17, 1973 the President announced that the Constitution of 1973 had
been ratified by the Citizen Assemblies.The ratification resulted to the abolition
of the Congress, the institution of a parliamentary form of government, and the
prerogative when to call for the interim national assembly (the parliament).
From1972 to 1978 the President would exercise absolute legislative power.On
Sept. 26, 1972 Marcos issued Presidential Decree No. 2 which declared the
country under land reform program. Later, Marcos also issued P.D. No. 27 on Oct.
21, restricting land reform scope to tenanted rice and corn lands and set the
retention limit at 7hectares. The Moro National Liberation Front (MNLF), the
BangsaMoro united armed forces that sought for the independence of
the BangsaMoro people under the chairmanship of Nur Misuari, soon clashed with
the government forces in an armed conflict resulting to casualties on both sides
along with civilians and destruction to properties. In 1975 Marcos initiated a truce
with the MNLF through the involvement of Islamic states. On December 23, 1976,
the MNLF forced the Manila government under Marcos to sign a peace agreement
under the auspices of the Libyan government of Col. Muamar Qadafi. This peace
agreement is known as the Tripoli Agreement.On October 16-17, 1976 the majority
of barangay voters (Citizen Assemblies) approved that martial law should be
continued. They also ratified the amendments proposed by Marcos which were:the
creation of the Interim Batasang Pambansa instead of a national assembly, whose
members would include the President; the President would also become the
Prime Minister and would continue to exercise legislative powers until martial law
is lifted; the President may legislate outside the IBP when necessary in case of
grave emergency, or threat or danger to national security, or whenever the
IBP cannot act adequately that he may issue decrees, orders or instructions, which
shall part of the law of the land.The 1976 amendments only continued Marcos’
dictatorship. Even with the creation of the Batasan Pambansa, Marcos did not
relinquish his legislative powers. The amendments only made the IBP a
“rubber stamp” with Marcos being the Prime Minister aside from being President.On
January 17, 1981, Marcos lifted martial law. The Opposition called the liftingas a
mere "face lifting" as a precondition to the Philippine visit of Pope John Paul
II.Numerous establishments were built during Martial Law, such as the Philippine
Heart Center, the National Kidney Institute and the Lung Center of the Philippines.
Along with these are the numerous infrastructure projects like the San Juanico
Bridge, the BLISS housing projects and the Light Railway Transit in Metro Manila.
On June 16, 1981, right after the lifting of martial law, the first presidential election in
twelve years was held.As expected, Marcos ran and won a massive victory of
88% over the other“almost unknown” candidates Alejo Santos of a Nacionalista
Party faction and Cebu Assemblyman Bartolome Cabangbang of the Federal Party.
Major opposition parties UNIDO ans LABAN boycotted the elections.In March of
1980 former Senator Ninoy Aquino suffered a heart attack, the result of more than
seven years in prison. At the Philippine Heart Center he refused to be operated by
doctors employed by Marcos. He preferred to go to the U.S. or return to Fort
Bonifacio. Imelda Marcos intervened and offered him to go to the U.S. on
conditions that he will stay and will not speak there against Marcos. Aquino was
operated in Dallas, Texas, recovered and traveled already only after a month.
Marcos extended his exile for medical reasons. Eventually, Aquino renounced
his two covenants with Imelda.Aquino spent three years in self-exile, setting up a
house with Cory and their kids in Newton, Boston, Massachusetts. He worked on
two books,gave lectures and traveled extensively in the U.S. delivering
speeches.Marcos, on his part, accused Aquino of masterminding some
bombings in Metro Manila from 1981-82. Aquino denied advocating a bloody
revolution, but warned that radicalized oppositionists may resort to this soon. Early
in1983, Aquino became apprehensive of the worsening political and economic
situation of his country combined with the rumored illness of Marcos. He wanted to
speak to Marcos and present to him his rationale for the country's return to
democracy.On August 2l, 1983former Senator “Ninoy” Aquino returned to the
Philippines. A few steps after leaving the plane multiple gunshots were heard.
Aquino was shot dead in the head at the tarmac of the Manila International Airport
while in the custody of the Aviation Security Command (AVSECOM) guards.
Conflicting reports on the assassination and that of his alleged killer, Rolando
Galman, were assigned to an investigation by the presidential fact-finding board.
The country was enraged with the murder of Ninoy. His funeral turned to be the
longest and largest in Philippine history as it was attended by some two million
people. The death of Ninoy resulted to continuous massive rallies and
demonstrations in Manila.Marcos, immediately created a fact finding commission
to investigate on the “Aquino-Galman Double Murder” case. The first under Chief
Justice Enrique Fernando was disbanded immediately.A five-man independent
board of inquiry, the Agrava Fact-Finding Board headed by Justice Corazon Agrava
was then created. The investigation came up with the findings that the Aquino
assassination was planned and executed by the military, not by the communists as
claimed by Marcos, and that it was not Galman who shot and killed Aquino. The
Agrava report implicated seven military men headed by Brig. Gen. Luther Custodio,
chief of the AVSECOM. The four other members, however, implicated twenty-five
military men headed Gen. Fabian Ver (AFP Chief of Staff), major Gen. Prospero
Olivas (PC/Metropolitan Command) and Gen Custodio.The reports were
submitted to the Sandiganbayan for atrial which decided for the acquittal of
all26 accused. The people protested the decision with rallies and
demonstrations flooding the streets of Metro Manila.By 1985, the political and
economic instability in the country faced fears that the violent overthrew of
the Marcos dictatorship was forthcoming. Massive rallies and demonstrations
in Metro Manila were much more frequent than at any other time. Allegedly, the
White House had advised the Marcos government to exert effort to gain once
more the confidence of the people. Foreign news agencies began to emphasize
the issue of “loss of confidence” on Marcos. In order to prove to the international
community that he still has people’s confidence, Marcos, calledf or a snap special
presidential election on February 7, 1986.The formidable-richly funded pro-
government KBL party proclaimed President Marcos and Assemblyman Arturo
Tolentino as their official candidates for president and vice-president, respectively.
Tolentino was a former Marcos critic who was courted by the “sickly” Marcos to run
with him. On the other hand, the oppositionist United Nationalist Democratic
party (UNIDO) leader Salvador “Doy” H. Laurel settled for the Vice Presidency to
give way to Ninoy’s widow Corazon “Cory”C. Aquino to run for president.
In the campaign, President Marcos used all efforts in the use of "guns, goons
and gold" to intimidate voters to support the Marcos -Tolentino ticket. Behind
the scenes, the government party implemented a massive strategy to fake and
cheat the results of the elections in favor of the KBL candidates.After the
election, conflicting results showed Marcos-Tolentino winning in the partial
official count of the Commission of Elections (COMELEC) while, on the other
hand, Aquino and Laurel were leading in the unofficial count of the National
Movement for Free Elections (NAMFREL), headed by Jose Concepcion, Jr. and was
serving as the official citizen’s arm for that election. The confusion was further
aggravated when, in the midst of the canvassing, 30 CO MELEC computer
operators walked out of the PICC hall with the complaint that their figures were
being tampered and were inconsistent with what was being showed. The
COMELEC count ended with the official tally of Marcos-Tolentino winning the
election. In the Batasan Pambansa, Speaker Nicanor Yniguez declared the
two as the duly elected President and Vice-President. Massive protests
followed.Due to the reports of alleged fraud, the Catholic Bishops Conference of the
Philippines (CBCP) issued a statement condemning the elections. The U.S.
Senate passed a resolution stating the same. Mrs. Aquino called the people to a
“civil disobedience” protest to pressure Marcos to step down. On February 16, 1986,
Mrs. Aquino, along with the opposition, rallied the people at the Luneta Grandstand
for the “Tagumpay ng Bayan”. The occasion was attended by more than three
million people. THE PEOPLE POWER REVOLUTION.The "People Power
Revolution" began, allegedly, as an attempted coupby the Reform the AFP
Movement (RAM), a group of young military men organized by Col. Gregorio
“Gringo” Honasan. On Feb. 22, Saturday, Lt.. Michael Asperin and 18 other
soldiers were apprehended by Marine guards at the Bonifacio Naval Station for
their unauthorized presence and suspicion of espionage. Defense Minister Enrile
was informed and, with Vice Chief of Staff Gen. Fidel Ramos,gave a press
conference at the Ministry of National Defense at Camp Aguinaldo to
announce their withdrawal of support to the President.Ramos called upon
various military units and the police to support their cause. The Radio Veritas -a
Catholicradio station covered the conference. Marcos also conducted his own news
conference calling on Enrile and Ramos to surrender. Via Radio Veritas, Archbishop
of Manila Jaime Cardinal Sin exhorted Filipinos to come to the aid of the rebel
leaders by going to EDSA between Camps Crame and Aguinaldo and give
support, food and other supplies. However dangerous, considering the
possibility of a military encounter a multitude of people marched to EDSA.From
February 23-25 people, coming from all walks of life, continued to pour in EDSA as
hours passed, armed only with prayers, rosaries, and the statue of Our Lady of
Fatima. Government troops under Brig. Gen. Artemio Tadiar that attempted to
attack the rebel soldiers, were stopped by thousands of people forming human
barricades. Tadiar threatened the crowds but were not moved, forcing them to stand
by from a distance.Soon, the government troops that came defected instead of
attacking. At the height of the people power, an estimated three million filled EDSA
from Ortigas to Cubao. In the late afternoon of the 24th, rebel helicopters
attacked Villamor Air Base, destroying presidential vehicles. Another helicopter
fired a rocket at Malacanang and caused minor damage. Later, many officers have
defected while majority of the AFP had already changed sides.On the morning of the
25th, Cory Aquino was inaugurated as President of the Philippines at Club Filipino
in Greenhills with Laurel as Vice-President.Attending the ceremonies were
Ramos, who was promoted to Chief of Staff, Enrile, who was reinstated, and
many politicians. In her simple inaugural message President Aquino expressed
her gratitude to the people and the military for their fight for freedom. She
appealed to all Filipinos to "work for national reconciliation which was why Ninoy
came back, and to unite in the rebuilding of the country. In conclusion she pleaded
that Filipinos to continue praying for God’s help.An hour later, Marcos conducted the
inauguration at Malacañang. On the Palace balcony, Marcos took his oath as
President on broadcast by channels 9 and 13, and the private channel
7. No invited foreign dignitaries attended.Marcos was making a speech when the
broadcast was cut by rebel troops. At this time, thousands had amassed at the
barricades along Mendiola near the Palace. They were prevented from storming
the Palace by loyal soldiers securing the area. The angry demonstrators were
pacified by priests who pleaded them not to be violent.Marcos, later, was adviced by
White House that exile is a must. Marcos was disappointed. Later, Marcos talked to
Enrile requesting a safe passage. Finally, at 6:00 p.m., the Marcos family
was transported by four American helicopters to Clark Air Base on to Guam, and
finally to Hawaii.When the news of Marcos' flight broke out, the people rejoiced in
the streets. At Mendiola, the demonstrators finally stormed Malacañang, long denied
to Filipinos for almost two decades. Looting by some protesters occurred, but the
majority only wandered the extravagance. People around the world rejoiced and
congratulated Filipinos they knew.
CORY AQUINO ADMINISTRATION
The first thing Cory Aquino did was to restore democracy.Immediately, she
ordered the release of political prisoners and restored the writ of habeas corpus
in regions IX and XII in Mindanao. She also opened Malacanang to the public
once again. Thousands of people who visited the palace were shocked at how the
Marcoses lived in luxury for 20 years while the people were suffering. They
also saw examples of the extravagant lifestyle of Imelda Marcos, her 3,000
pairs of custom-made shoes, more than 1,000 gowns, hundreds of perfume
bottles and her over sized bed,Before the drafting of a new constitution and its
ratification by the people, President Aquino issued Proclamation No. 3 on March
25, 1986, promulgating the Provisional Constitution of the Republic of the
Philippines, otherwise known as the "Freedom Constitution". This constitution
was designed and adopted as an instrument for the transition.To restore political
stability, President Aquino called for the drafting of a new constitution that would
replace both the 1973 amended constitution and the 1986 provisional
constitution. On June2, 1986, she appointed an independent Constitutional
Commission (Con-Com) and gave them three months to frame the new
constitution. On October 15, 1986, one month behind schedule, the
commissioners approved the entire draft of the new charter by a vote of45 to 2.
Con-Com president, former Supreme Court Justice Cecilia Munoz Palma led
the yes votes. The new constitution was submitted to the President who, in
response, called for a new registration of voters and a plebiscite to ratify the charter.
On February 2, 1987, the people went to the polls and ratified the new constitution in
a national plebiscite. It was the most peaceful and honest poll in years. Among the
salient features of the 1987 Constitution are the following:1.A declaration of state
policies which pursues freedom from nuclear weapons, upholds the sanctity of
family life and protects the unborn, ensures equality for women, provides for a
Filipino controlled economy, promotes agrarian reform, prohibits political
dynasties, and takes measures against graft and corruption; 2.A new Bill of
Rights which bans the death penalty, and the use of torture, intimidation or
secret detention of state prisoners.3.The creation of a permanent Commission on
Human Rights to safeguard the rights of the people.4.The establishment of a
presidential system of government, with checks and balances between the three
branches of the government.5.The limitation of the President's term to six years
without reelection, with a ban against appointment of relatives to public
office.6.The President's right to proclaim martial law or suspend the writ of habeas
corpus is limited to 60 days which the Congress, afterwards, may revoke or
extend.7.The establishment of a people elected bicameral congress whose
legislative powers are given with built-in specific safeguards.
8. Provision for laws, constitutional amendments, and impeachment cases that
may be initiated directly by the people.9.Provision for the autonomy of local
governments and the creation of autonomous regions for the Cordilleras and the
Muslim Mindanao.10.Provision for free education up to high school level.11.The
government's right to incur new loans is subject to freedom of information
and limitations by Congress and monetary board.On May 11, 1987, new senators
and congressmen were elected to the new congress. It was one of the most
peaceful and honest elections in Philippine history. Sen. Jovito Salonga was elected
Senate President while Rep. Ramon Mitra as Speaker of the House of
Representatives.President Aquino inherited the problems besetting the former
administration which was worsened by economic mismanagement and the
uncontrollable greed of the Marcoses, their relatives and cronies. Worst, the
country was burdened with a foreign debt of more than $26 billion. For
economic recovery, intensive efforts were exerted to attract more foreign
investments..In 1986, Mrs. Aquino was invited to deliver a speech in the U.S.
Congress. The speech dealt on the struggle of the Filipino people against
dictatorship and for the restoration of democracy. The members of the U.S.
Congress gave her a standing ovation. Aquino was likewise selected as Time
Magazine's Woman of the Year in 1986. As provided for in the 1987
Constitution, the government launched, in July 1987, the Comprehensive
Agrarian Reform Program(CARP) by virtue of R.A. 6657. Unlike the P.D. 27 of
Marcos which only covered private agricultural lands devoted to rice and corn,
the CARP covers all private or public agricultural lands regardless of crops grown.
The government has also exerted efforts to recover the so-called ill-gotten wealth
of the Marcos family and their cronies through the Presidential Commission on
Good Government (PCGG).During her term, Aquino repeatedly faced coup
attempts. In July 1986, Marcos loyalists attempted to establish a rival
government at the Manila Hotel with Arturo Tolentino as temporary president.
In August 1987, the attempted military coup “God Save the Queen” posed a more
serious threat. Gen. Fidel Ramos foiled the attempt and arrested its leader Col.
Gregorio Honasan of the RAM. In December 1989 coup proved to be the most
serious as the government and rebels forces encountered in several portions of
Metro Manila with an attempt to attack Malacanang. Honasan, its leader,was
again arrested. He would be granted amnesty during the Ramos administration.The
Aquino administration also faced a number of natural disasters such as the
eruption of Mt.Pinatubo in 1991 which devastated the economy of the
Philippines.The disaster coincided with the termination of the U.S.-Philippines
Military Bases Agreement in the Philippines. The Central Luzon earthquake
in1990 resulted to 1, 700casualtiesand a burden of infrastructure problems for
the administration. The power problem also plagued the term of Aquino resulting in
repeated brown-outs nationwide.The next presidential administrations of the
5thRepublic of the Philippines under the 1987 Constitution are Fidel V. Ramos (1992-
98), Joseph E. Estrada (1998-2001), Gloria Macapagal-Arroyo (2001-2004-2010);
Benigno Simeon Aquino III (2010-2016) and the incumbent Rodrigo R. Duterte
(2016-)
9.

Taxation:

The beginning of the idea of taxation cannot be dated in the continuum of our history.
It came as a matter of survival for the government. The development of tax law as a
comprehensive and general system is a recent phenomenon resulting from the
evolution of taxes and increasing state-economy
relationship.
A tax law is a body of rules passed by the legislature by virtue of which the
government acquires a claim or property as a matter of legal duty or obligation by
operation of law.Taxation may be defined then, as the power of the sovereign to
impose burden or charges upon persons, property or property rights for the use
and support of government in order to enable it to discharge its function.Nature
of Taxation Power The power of taxation is both inherent and legislative in character
because it has been reserved by the State for it to exercise. It is an essential
and inherent attribute of sovereignty, belonging as a matter if right to every
independent government. The government possesses it without being conferred by
the people. The power is inherent because the sustenance of government requires
contribution from them.The power of taxation is legislative in character because only
the legislature can make tax laws. It is an exercise of the high act of the
sovereignty to be performed only by the legislature upon consideration of the
policy, necessity and public welfare. Having the power to tax, it must also possess
the sole power to prescribe the means by which the tax shall be collected,and
designate the officers through whom it shall be enforced.
Purpose of Taxation - The primary purpose of taxation is to raise revenues for public
needs so that the people may be enabled to live in a civilized society. It also serves
a variety of purpose.It may be increased in order to stabilize prices and stimulate
greater production; taxes on imports may be increased to favor domestic production;
or decrease to encourage foreign trade; it can also mobilize capital to be poured into
capital deficient fields of business.Thus, taxation is an instrument of fiscal policy,
and fiscal policy influences the direction and structure of money supply, prices
and of the national economy.
Basis of Taxation - The power of taxation originated from the theory that the
existence of a government is a necessity. No government, whether democratic
or despotic, can exist without resources to finance its operations. A true tax is an
exaction for revenue that is for he support of the government.Inherent
Limitations of the Power of Taxation -
1. Limitation of public purpose–A tax is for public purpose where it is for the
support of government, or any of the recognized object of the government, or
where it will directly promote the welfare of the community in equal measure.
2. Limitation of territorial jurisdiction –The general rule is that sovereignty of a state
extends only as far as its territorial jurisdiction. It follows that its taxing power
does not extend beyond its territorial limits, but within its limit, it may tax
persons, property, income or business.
3. Limitation of double taxation –Double taxation may be understood as direct
duplicate taxation which means taxing twice by the same public authority for
the same purpose during the taxing period some of the property in the
territory in which the tax is paid without taking all of them a second time.
4. Limitation of non-delegation of taxing power –The constitution provides that
sovereignty resides in the people and all government authority emanates
from them. Under a republican form of government, the people created a
legislative department for the exercise of their legislative power manner in which
those rules shall be given effect. The power cannot be delegated to the
President and to local government. However, it may be delegated to the
municipal corporations which are the instrumentalities of the state for the better
administration of the government in matters of local concerns.
5. Limitation of exemption of government agency or instrumentality –The general
rule is that agencies and instrumentalities of the government is exempted from
taxation. So, properties owned by the Philippine government, any province, city,
municipality, or municipal districts are exempted from taxation. However,
government entities performing profit-making activities are not exempted from
taxation.
Basic Principles of Taxation
1. Fiscal adequacy –emphasizes the source of revenue as a whole must be
sufficient to meet the expanding governmental expenses regardless of business
conditions, export taxes, trade balances, and problems of economic adjustments.
2. Equality or theoretical justice –refers to the use of revenues which must be
believed based on the taxpayer’s ability to pay.
3. Administrative feasibility –means that the tax system must be clear to the
taxpayers, can be enforced and is convenient and not burdensome or discouraging
to a business activity.
Inherent Powers of the Government
1. Police Power –authority of the government to regulate the activities of an
individual even in the absence of law for the benefit and protection of public welfare.
2. Taxation –authority of the government to improve taxes, charges and fees
from its taxpayers under its sovereignty and/or territorial jurisdiction, to support
its necessary expenses.
3. Eminent Domain –authority of the government to expropriate private property
for public use upon payment of a just compensation. A tax may be defined then,
as a forced and involuntary burden assessed in accordance with some
reasonable rule of appointment by the authority of a sovereign government upon the
persons or properties within its jurisdiction, to provide public revenues for the
support of the government.It proceeds upon the theory that the existence of the
government is a necessity, that it cannot continue to operate without the means to
pay for its expenses, and for those means has the right to compel all citizens
and properties within its limit to contribute.
Essential Characteristics of Taxes
1. It is an enforced contribution
2. It is exacted pursuant to legislative authority
3. It is contribution in money
4. It is levied upon person, property and property rights
5. It is for the purpose of raising revenue
6. It must be for public purpose
7. It must be proportionate in character
Classification of Taxes
1.According to Purpose - a.Fiscal Taxes –designed to raise revenues for
governmental needs.Ex. Percentage tax on locally manufactured commodities
b.Regulatory Taxes –designed to achieve some social and economic goals
irrespective of whether revenue is actually raised or not.Ex. protective tariff or
custom duties
2.According to Object - a.Personal, Captivation or Poll Tax –imposed on individuals
within the jurisdiction of the taxing power, without regard to the amount of their
property or occupation in which they are engaged.Ex. residence tax b.Property
Taxes –computed upon the valuation of property and assessed at the owner’s
domicile, although privileges may be included in the valuations Ex. real state tax
c.Excise Tax –imposed directly by the legislature and the sum is measured by the
amount of business done or the extent to which the privilege has been enjoyed or
exercised.
3.According to Subject - a.Direct Tax –when the person on whom the tax is
imposed absorbs the tax or bears it.Ex. income tax b .Indirect Tax –charge paid by a
person other than the one on whom it is legally imposed.Ex. value-added tax
4.According to determination of amount - a.Specific Tax –of fixed amount by the
hear or member, or by some standards of weight and measurement, and requires
no assessment other than a listing or classification of the subjects to be taxed Ex.
excise taxes on wines and liquors b.Ad Valorem Tax –of fixed proportion, of the
value of the property with respect to which the taxes are assessed, and require the
intervention of assessors to appraise the value of such property before the amount
due from each taxpayer can be determined.Ex. real state tax, excise tax on cigars
and cigarettes
5.According to authority imposing the tax - a.National Taxes –levied and collected by
the national government Ex. income tax b.Municipal Tax –levied and collected by
the municipal government Ex. real state tax
6.According to rate - a.Proportional Tax –based on a fixed percentage
regardless of the amount of income, property or other bases to be taxed, a single
rate being applied to different objects with different values. b.Progressive Tax –the
tax rate increases as the tax base increases.Ex. income tax c. Regressive Tax –the
effective rate decreases as the base increases.Ex. value-added tax
Forms of Escape from Taxation
1. Shifting–transfer of the burden of a tax by the original payer on the one on whom
the tax was assesses or imposed to another or someone else.
2. Capitalization –special form of backward shifting. It occurs when the good is
durable good, the whole series of future taxes is to be shifted backward at the time
of purchase, and the future taxes must be capitalized and deducted in a lump sum
from the price offered.
3. Transformation –this is effected through the process of production. When
the producer pays the taxes himself and recovers the additional expenses by
improving his production thereby turning out units of his production at lower cost.
4. Evasion –illegal effort to avoid payment of tax
5. Avoidance –use of legally permissible means to reduce tax liability
6. Exemption –grant of immunity to a particular person or corporation from a
tax upon properties or exercise which they are obligated to pay.
7. Local Taxation
Since the power of taxation is an incidence of sovereignty that is absolutely
necessary to maintain government and therefore inherent in the state, local
government units (LGUs) such as provinces, municipalities, cities and
barangays can exercise the power not only if conferred on them. The
constitutional provisions as to taxation of LGUs are ordinarily not self-
executing because they require conferring the power to tax. The local power
of taxation is subject to such conditions and restrictions as may be prescribed,
and only such purposes as may be expressed.Local tax may be valid only for
the public purpose and yet invalid for private purposes. Except when allowed
by law, local funds shall be devoted exclusively to local purposes.
The policy of taxation in the Philippines is provided primarily by of the Philippines
and three Republic Acts.  Constitution:Article VI, Section 28 of the Constitution
states that "the rule of taxation shall be uniform and equitable" and that
"Congress shall evolve a progressive system of taxation."  National laws: National
Internal Revenue Code—enacted as Republic Act No. 8424 or the Tax Reform
Act of 1997,and subsequently amended by Republic Act No. 10963 or the Tax
Reform for Acceleration and Inclusion Act of 2017;[3]and, Local laws—major sources
of revenue for the local government units (LGUs) are the taxes collected by virtue of
Republic Act No. 7160 or the Local Government Code of 1991,[4]and those sourced
from the proceeds collected by virtue of a local ordinance.Taxes imposed at the
national level are collected by the Bureau of Internal Revenue(BIR), while those
imposed at the local government level,which are the provincial,city,municipal and
barangay, are collected by the local treasurer's office.
The following are some of the Salient Features of RA 10963 otherwise known
as the TAX REFORM ACCELERATION AND INCLUSION (TRAIN) Law. Example
given here is the income tax.Back ground On December 19, 2017, the
President signed in to l aw Package I of the Tax Reform f or Acceleration
and Inclusion (“TRAIN”) bill otherwise known as Republic Act No. 10963.The law
contains amendments to several provision s of the National Internal
Revenue Code of 1997.I t sh all take effect on January 1, 2018, following its
complete publication in the Official Gazette o r in at least one newspaper of
general circulation.The l aw was published in the Official Gazette o n December
27, 2017.
.Unit 5: EVALUATION AND PROMOTION OF
LOCAL AND ORAL HISTORY, MUSEUMS,
HISTORICAL SHRINES AND CULTURAL
PRESENTATIONSV.
Critical evaluation and promotion of local and oral history, museums, historical
shrines, cultural performances, indigenous practices, religious rites and rituals
Learning Outcome: Manifest interest in local history and show concern in promoting
and preserving the country’s historical and cultural heritage.
There are numerous museums, historical sites, art galleries, archeological sites and
other places where one could find history and cultural heritage which are
recognized by the National Historical Commission of the Philippines (NHCP). It is
most convenient if, as part of the activities of this course,that the tour or visit to a
museum, site or gallery be conduction in areas that are near the
school.Considering the proximity is a pragmatic approach to the activity since it
will not require to much expenses and will minimize the difficulty in reaching the
location on the part of the students. It is also a way in maximizing the student’s
ability to appreciate more the site and tour it for a longer period of time, and with
ease. However, it also must be of another consideration if the chosen place
would be significantly historical and cultural so as to create a greater benefit on the
education of the students.The value of the site is unbargainable. While proximity
may offer ease and time, the richness of a chosen site creates the meaningful
experience on the part of the student.Another matter to be taken into
consideration is that the choices of the sites should offer various areas of
learning for the student. In an educational tour, a student must be exposed to
a variety of interests as an appeal towards a greater appreciation of history and
culture. It is therefore most beneficial if a historical site will also be combined with an
art gallery, a museum, a park or an archeological site.Lastly, it would more
educational, comprehensive, and encompassing if the sites selected would
represent different time periods. Doing this would impose a continued curiosity
on the part of the historical tourist since different time periods offer changes
in historical events and an evolution to culture. Human development is greatly
appreciated in presentation that considers the aspect of chronology.