CHAPTER 4

SOCIAL, POLITICAL,
 

ECONOMIC AND CULTURAL

ISSUES IN PHILIPPINE HISTORY
LESSON OUTLINE:
1. SALIENT FEATURES OF THE PHILIPPINE CONSTITUTIONS
a. Definitions and Purposes of Constitution
b. Evolution of the Philippine Constitution
c. Salient Features
2. SALIENT FEATURES OF AGRARIAN REFORM
d. History of land reform program in the Philippines
e. Salient features of each agrarian system
f. Comprehensive Agrarian Reform Program
3. SALIENT FEATURES OF TAXATION POLICIES
g. Nature and Importance of Taxation
h. Changes in tax laws of the Philippines
c. Issues in the Philippine Tax System
If a cigarette smoker riding in
the bus smokes while seated
beside a nonsmoker, does the
nonsmoker have the right to
tell the smoker not to smoke?
Does it come in conflict with the view
on separation of church and state if
the school should require that
members of Jehovah’s Witnesses
attend and participate in the flag-
raising ceremony that they believe is
against their religion?
 If the mayor of a town decides
that you sell your land so that a
public market can be
constructed on it, do you have
the right to oppose to it?
CONCEPTS OF
STATE AND
NATION
What is a NATION?
a NATION is a group of people
bound together by certain
characteristics such as common
social origin, language, customs
and traditions and who believe
that they are one and distinct
from others.
 a STATE is a community of persons
more or less numerous, permanently
occupying a definite portion of territory
and having a government of their own.

What is a STATE?
 ELEMENTS OF STATE
People

Sovereign Territor
ty y

Government
PEOPLE This refers to the mass of
population living within
the state.
TERRITORY
It includes not only the land
over which the jurisdiction of
the state extends, but also the
rivers and lakes therein, a
certain area of the sea which
abuts upon its coasts and
their space above it.
GOVERNMENT
It refers to the agency
through which the will of the
state is formulated,
expressed and carried out.
 SOVEREIGNTY
The term may be defined as
the supreme power of the
state to command and
enforce obedience to its will
from people within its
jurisdiction and corollary, to
have freedom from foreign
control.
The government is only the agency through which the
state expresses its will. A state cannot exist without a
government, but it is possible to have a government
without a state.

A government may change, its form may change, but

the state, as long as its essential elements are present,
remains the same.
FORMS OF
GOVERNMENT
As to number of persons exercising sovereign powers:
MONARCHY one in which the supreme and final authority is in
the hands of a single person without regard to the source of his
election or the nature or duration of his tenure.

monarchies are further classified into:

1. ABSOLUTE MONARCHY one in which the ruler
rules by divine right.

2. LIMITED MONARCHY one in which the ruler

rules in accordance with the constitution.
ARISTOCRACY
One in which political power is exercised by a
few privileged class which is also known as
oligarchy.

DEMOCRACY
One in which political power is exercised by a
majority of the people.
As to extent of powers exercised by the central or national government:

UNITARY GOVERNMENT
One in which the control of national and local
affairs is exercised by the central or national
government.
FEDERAL
GOVERNMENT
One in which the powers of government are
divided between two sets of organs, one for
national affairs and the other for local affairs.
As to relationship between the executive and the legislative branches of the
government

PARLIAMENTARY
One in which the state confers upon the
GOVERNMENT
legislature to terminate the tenure of office of
the real executive.
PRESIDENTIAL
GOVERNMENT
One in which state makes the executive
constitutionally independent of the legislature as
regards his tenure and to a large extent as regards
his policies and acts.
Philippine government is a representative
democracy, a unitary and presidential
government with separation of powers. It also
embodies some aspects of pure democracy such as,
for instance , the constitutional provision on
initiative and referendum.
 CONSTITUT
Is a set of rules that guides how a
country, state or other political

Branches
ION
organization works.
Responsibilities

Powers Rights of
People

SUMPREME LAW OF THE LAND

IMPORTANCE OF THE
CONSTITUTION

PROTECT
MAINTAIN LAW IMPOSE RULES
INDIVIDUAL
AND ORDER AND REGULATIONS LIMIT THE POWER
RIGHTS AND
FREEDOM OF THE
GOVERNMENT
KINDS OF
CONSTITUTION
1. As to their origins and history
a. Conventional or enacted
b. Cumulative or evolved
2. As to their form
a. Written
b. Unwritten
3. As to manner of amending them
a. Rigid or Inelastic
b. Flexible or elastic
Advantages and disadvantages of a written constitution

1. It has the advantage of clearness

and definiteness over an unwritten
one. This is because it is prepared
with great care and deliberation
2. Its disadvantage lies in the difficulty of its
amendment. This prevents the immediate
introduction of needed changes and may
thereby retard the healthy growth and
progress of the state.
 OF
L UT ION
O
EV
P I N E
PH I LI P ION
T ITUT
C ON S
SALIENT
FEATURES OF THE
PHILIPPINE
 1899 1935 1943
MALOLOS COMMONWEALTH JAPANESE
CONSTITUTION GOVERNMENT GOVERNMENT

1987 1986 1973

PRESENT FREEDOM CONSTITUTION
CONSTITUTION CONSTITUTION
THE 1897 CONSTITUTION OF BIAK
THE 1897
NA BATO CONSTITUTION OF BIAK
NA BATOIsabelo Artacho and Felix Ferrer were
Two Filipinos,
tasked to write a constitution in Spanish, and later on,
Aguinaldo
translated intoestablished
Tagalog a republican government and ordered
the preparation of its constitution.
Both decided to adopt the provisions of the Constitution
framed in Jimaguayu,
Felix Ferrer CubaArtacho
and Isabelo and fromcopied,
this, theword
Constitution
for word the
of Biak-na-Bato was formulated
CUBAN CONSTITUTION of JIMAGUAYU, except for
one article – the PREAMBLE.
 PREAMBLE reiterated the objective of the Revolution
which was “the separation of the Philippines from the
Spanish monarchy and their formation into an
independent state with its own government.”

It lasted from November 1 – December 15, 1897

because the Truce of Biak-na-Bato was agreed upon.
TRUCE OF BIAK-NA-BATO
1. that Aguinaldo and his men would go into voluntary exile;
2. that Primo de Rivera would pay Aguinaldo the sum of P800,000 in
three installments:
a. P400, 000 upon his departure from the Philippines
b. P200, 000 when the arms surrendered to the Spanish authorities
exceeded 700 pieces
c. the remaining P200, 000 when general amnesty had been
proclaimed and the Te Deum had been sung; and
3. that Primo de Rivera would pay an additional P900, 000 to the
families of non-combatant Filipinos who suffered during the revolution.
FAILURE OF THE TRUCE

Mutual suspicion resulted to armed clashes that started

in February. Clashes made the Filipinos and Spaniards
more suspicious of each other. Bad faith on both sides
ultimately caused the truce to fail.
1899 MALOLOS
CONSTITUTION
 After the signing of the truce, the Filipino
revolutionary leaders accepted a payment from Spain
and went to exile in Hong Kong.
 Upon the defeat of the Spanish to the Americans in
the Battle of Manila Bay on 1 May 1898, the United
States Navy transported Aguinaldo back to the
Philippines.
 The newly reformed Philippine Declaration of
Independence was issued on 12 June 1898, together
with several decrees that formed the First Philippine
1899 MALOLOS
CONSTITUTION
 The first Philippine Republic was inaugurated on January 23,
1899 at the Barasoain Church where Emilio Aguinaldo
took his oath of office as the first President of the Republic.
 The constitution of the First Philippine Republic was also
called the “Constitucion Politica de Malolos” or
“Malolos Constitution” because it was written in Malolos,
Bulacan. Its real author was Felipe G. Calderon, a famous
Filipino Lawyer.
 It was approved by the Malolos Congress on November
29, 1898 and proclaimed by General Aguinaldo on
January 21, 1899.
(A constitution is the basic law of a government. The
Filipinos wanted to prove to the world that they
could run their own government without the help of
foreigners. So they wrote a new constitution and
established the First Philippine Republic. This was
the first democratic republic in Asia made by
Asians.)
The Malolos Constitution was the first republican constitution
in Asia. Its main features were as follows:

1. It was based on democratic traditions in which the government

formed was “ popular, representative and responsible” with three
distinct branches – the executive, the legislative and the judicial.
2. It is called for a presidential form of government with the
president elected for a term of four years by a majority of the
Assembly convened as a constituent assembly;
3. It recognized the freedom of religion and the separation of the
Church and State;
4. It emphasized and safeguarded the basic civil rights of not only
Filipinos but foreigners, through a Bill of Rights (Articles XIX
to XXIII).
FAILURE OF THE
FIRST PHILIPPINE
REPUBLIC
Failure of the First Philippine Republic

The Republic, however, was a short-lived government.

Its demise began at the start of the Philippine-American
War in February 1899 and ceased to exist with the
capture of President Aguinaldo in Palanan, Isabela in
March 1901. By the time, the Americans had firmly
established themselves as the new colonizers of the
Philippines with a military government running the
country. In July 1901, they formally established the first
civil government in the islands.
TREATY OF PARIS (signed on December 10, 1898)

By this treaty, Spain turned over the Philippines to the

United States for the sum of $20, 000, 000 as payment for
the improvements made by Spain in the Philippines.
the United States also agreed to permit the Spaniards to
ship commodities to the Philippines for a period of ten
years on the same terms as those of the United States.
1935
CONSTITUTION
ACTS OF THE UNITED STATES CONGRESS

Philippine Organic Act of 1902

Philippine Autonomy Act of 1916

Tydings-McDuffie Act of 1934

PHILIPPINE ORGANIC
ACT OF 1902
 The Phil. Organic Act of 1902, also known as the
“Philippine Bill of 1902,” was the first organic law for the
Philippine Islands enacted by the United States Congress.

 It provided for the creation of a popularly elected

Philippine Assembly, and specified that legislative power
would be vested in a bicameral legislature composed of the
Philippine Commission (upper house) and the Philippine
Assembly (lower house)
Pablo Ocampo and Benito Legarda
First two Filipino Resident
Commissioners
PHILIPPINE
AUTONOMY
ACT OF 1916
 The Philippine Autonomy Act of 1916, also known as the
“Jones Law,” modified the structure of the Philippine
government by removing the Philippine Commission as the
legislative upper house and replacing it with a Senate
elected by Filipino voters, creating the Philippines’ first
fully elected national legislature.

 This act also explicitly stated that it was and had always
been the purpose of the people of the United States to end
their sovereignty over the Philippine Islands and to
recognize Philippine independence as soon as a stable
government can be established therein.
TYDINGS-MCDUFFIE
ACT OF 1934
3. TYDINGS-MCDUFFIE ACT OF 1934 – this law
was approved on March 24, 1934 and was known as
the Philippine Independence Act. It provided for the
drafting and guidelines of a constitution for a 10-year
“transitional period” government before the granting
of independence. This was known as the
Commonwealth Government.

Following the signing of the Tydings-McDuffie

Law, the Philippines began to ready itself for its
transition from a colonial country into a self-governing
nation.
1935 CONSTITUTION
- served as the fundamental law of the land from 1935
to 1972.

It established the Commonwealth of the Philippines

and provides that upon withdrawal of American
sovereignty in the country and the declaration of
Philippine independence, the Commonwealth shall be
known as the REPUBLIC OF THE PHILIPPINES.
 January 31, 1935 – the draft of the Constitution was finished.
February 8, 1935 – the constitution was approved by the convention.

March 23, 1935 – US President Franklin Delano Roosevelt approved the

Constitution.

May 14, 1935 – the Constitution was ratified by the Filipino

people in a plebiscite.
 The framing of the 1935 Constitution was a momentous
event for the Filipino people. It showed the Americans
that Filipinos had the capability for self-government with the
creation of the Commonwealth Government in 1935 that led
to the country’s independence a decade later.
 JAPANESE OCCUPATION and the second
Philippine republic (1943 CONSTITUTION)
The Commonwealth Government was interrupted by the Second
World War and the Japanese Occupation of the Philippines. The
Commonwealth under President MANUEL QUEZON went into
exile in the United states.
Acting on the orders of the Japanese military, the Kapisanan ng
Paglilingkod sa Bagong Pilipinas or KALIBAPI convened and
elected a Philippine Commission for Philippine Independence
(PCPI) to write a new constitution
 The new constitution was finished and signed on
September 4, 1943 in a public ceremony and ratified by
the KALIBAPI a few days later.

On OCTOBER 14, 1943, as provided for in the new

constitution, the Second Philippine Republic was
inaugurated with JOSE P. LAUREL as President.
1943 CONSTITUTION
- condensed version of the 1935 Constitution.
- consisting only of a preamble and 12 articles.
- transitory in nature as it was only effective during the duration
of the war.
- the powers of government were concentrated with the
President.
- Bill of Rights basically enumerated the citizen’s duties and
obligations rather than their constitutional rights.
- TAGALOG was declared the national language.
1943 CONSTITUTION
- was recognized as legitimate and binding only in Japanese-
controlled areas of the Philippines but was ignored by the
United States government and the Philippine
Commonwealth in-exile.

- Upon the liberation of the Philippines by American forces in

1945 and the re-establishment of the Commonwealth in the
Philippines, the 1943 Constitution along with the Second
Republic was abolished.
1973 CONSTITUTION
During the second term of President Ferdinand Marcos, on June
1, 1971, a Constitutional Convention was convened at the Manila
Hotel. Its purpose was to write a new constitution that would
meet the new challenge confronting the Philippine Republic that
developed since it was formed in 1946.

Almost immediately, the convention became controversial. The

convention’s activities soon came to a temporary halt when President
Marcos declared martial law on SEPTEMBER 21, 1972.
 He abolished Congress and reorganized the government.
Several days later, the convention was reconvened and a draft
constitution was finally finished and approved on November 30.

Instead of being ratified by a plebiscite, Marcos submitted it to

“citizen assemblies” that was formed to approve or reject
the new constitution. The Plebiscite was held from January 10-15,
1972 and the constitution was overwhelmingly approved.

On January 17, 1973, President Marcos signed Proclamation

No. 1102 declaring the 1973 Constitution ratified by an
overwhelming vote from the citizen assemblies.
The constitution was amended several times, in a bid to
fashion it in a way that consolidates all to power to the
president. After all the amendments introduced, the 1973
constitution was merely a way for the president to keep
executive powers, abolish the senate, and by no means,
never acted as a parliamentary system, but instead
function as an authoritarian presidential system, with all
the real power concentrated in the hands of the president,
with the backing of the constitution.
1973 CONSTITUTION
- remained in force until the February 22-25 EDSA
People Power Revolution of 1986 which toppled the
MARCOS administration.

- Abolished with the adoption of the 1986 Freedom

Constitution by the administration of President
Corazon Aquino.
FREEDOM CONSTITUTION 1986
THE provisional constitution, later called the
“FREEDOM CONSTITUTION,”
On March 24, 1986, President Aquino signed Proclamationwas
No. 3
as a provisional constitution.
proclaimed, setting aside the 1973 Constitution
thereby recognizing the new AQUINO
ADMINISTRATION as a temporary revolutionary
government until the framing of a new
constitution.
FREEDOM
1973 CONstitution

CONSTITUTION
- a temporary constitution to ensure the freedom of the
people and the return to democratic rule.
- Adopted certain provisions from the 1973 Constitution
while abolishing others.
- Grant the President to continue exercise legislative powers
until a legislature was convened under a new constitution.
- the President was given the power to appoint the members
of a Constitutional Commission tasked to draft a new
charter “truly reflective of the ideals and aspirations of
the Filipino people.”
FREEDOM CONSTITUTION 1986
President Corazon Aquino’s government had three
options
On Marchregarding the constitution,
24, 1986, President revert to the
Aquino signed Proclamation No. 3
as a provisional constitution.
1935 Constitution, retain the 1073 Constitution
and be granted the power to make reforms, or start
anew and break the “vestiges of a disgraced
dictatorship.” they decided to create a new
constitution.
FREEDOM CONSTITUTION 1986
In 1986, a constitutional convention was created,
composed
On March 24, of1986,
48 members appointed
President Aquino by President
signed Proclamation No. 3
as a provisional constitution.
Aquino from varied backgrounds and
representations, the convention drew up permanent
constitution, mainly restoring the setup abolished
by Marcos in 1972, but with the new ways to keep
the president in check, a reaction to experience of
Marcos rule.
FREEDOM CONSTITUTION 1986
1987
On March 24, 1986, President Aquino signed Proclamation No. 3
as a provisional constitution.

PHILIPPIN
E
THE 1987 CONSTITUTION
On June 2 1986 the ConCom , headed by former Justice Cecilia Muñoz
Palma, commenced its session at the BATASANG PAMBANSA in Quezon
City.

OCTOBER 12, 1986 the ConCom completed their task and presented
the draft constitution to President Aquino on October 15.

After a period of nationwide information campaign, a plebiscite for

its ratification was held on February 2, 1987.
THE 1987 CONSTITUTION
On FEBRUARY 11, 1987, the new constitution was proclaimed
ratified and in effect. On that same day, President Aquino, government
officials, and the military pledged allegiance to the New Constitution.

The Constitution begins with a preamble and eighteen self-contained

articles

It established the Philippines as a “democratic republican state” where

“sovereignty resides in the people and all government authority
emanates from them” It allocates governmental powers among the
executive, legislative, and judicial branches of the government.
SALIENT FEATURES OF
1987
THE
PHILIPPINE
CONSTITUTION
The 1987 Constitution consists of 18 articles
with a preamble. Among its significant
provisions are as follows:

1. A presidential system of government restores

the bicameral Congress of the Philippines,
composed of a Senate and a House of
Representatives.
3. The creation of a Commission on Human Rights
which, under Section 18, Article XIII, is tasked to
investigate all forms of human rights violations
involving civil and political rights. It provides
appropriate legal measures for the protection of human
rights of all persons within the Philippines, and several
other powers in relation to the protection of human
rights.
4. The recognition of an Autonomous Region
of Muslim Mindanao and the Cordilleras.

5. Limited political autonomy for local

government units like the provinces, cities,
municipalities and barangays and instructing
the Congress to establish a Local Government
Code.
The term preamble is derived from the
Latin word “preambulare” which means
to walk before. It is the introduction to
the main subject. It is the prologue of the
Constitution. The preamble of the 1987
constitution is reproduced hereunder:
“ We, the sovereign Filipino people, imploring the aid
of Almighty God, in order to build a just and humane
society and establish a government that shall embody
our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to
ourselves and our posterity the blessings of
independence and democracy under the rule of law and
a regime of truth, justice, freedom, love, equality and
peace, do ordain and promulgate this Constitution”
The complete provisions are as follows:

Article I: National Territory

Article II: Declaration of Principles and State
Policies
Article III: Bill of Rights
Article IV: Citizenship
Article V: Suffrage
Article VI: Legislative Department
Article VII: Executive Department
Article VIII: Judicial Department
Article IX: Constitutional Commissions
Article X: Local Government
Article XI: Accountability of Public Officers
Article XII: National Economy and Patrimony
Article XIII: Social Justice and Human Rights
Article XIV: Education, Science and Technology, Arts, Culture,
and Sports
Article XV: The Family
Article XVI: General Provisions
Article XVII: Amendments or Revisions
Article XVIII: Transitory Provisions
 The Philippine government is administered by a
presidential system of government with a bicameral
legislature and an independent judiciary. It has three
branches of government:
1. The Executive headed by the President and Cabinet
2. The Legislative composed of the Senate headed by the Senate
President(Vicente Sotto III) and the House of Representatives
headed by the Speaker of the House (GLORIA
MACAPAGAL ARROYO)
3. The Judiciary composed of the Supreme Court headed by the
Chief Justice, and the lower courts. ( Teresita Leonardo de-
castro)
ARTICLE VII –EXECUTIVE DEPARTMENT

1.The Executive branch is headed by the president and

his cabinet, whom he appoints.
The president is the head of the state and the chief
executive, but his power is limited by significant
checks from the two other co-equal branches of
government, especially during times of emergency.
This is put in place to safeguard the country from the
experience of martial law despotism during the
presidency of Marcos.
In case of national emergency, the president may still
declare martial law, but not longer than a period of
sixty days. Congress, through a majority vote, can
revoke this decision, or extend it for a period that they
determine. The Supreme Court may also review the
declaration of martial law and decide if there were
sufficient justifying facts for the act.

The president and the vice president are elected a large

by a direct vote, serving a single six-year term.
ARTICLE VII –EXECUTIVE DEPARTMENT

The executive power is vested in the President of the Philippines.

Executive power is defined as the power to administer the laws, which
means carrying them into practical operation and enforcing their due
observance.

Qualifications of the President and Vice-President

1. A natural born citizen of the Philippines
2. A registered voter
3. Able to read and write
4. At least forty (40) years of age on the day of the election for President.
5. A resident of the Philippines for at least ten years immediately
preceding such election.
ARTICLE VI- LEGISLATIVE DEPARTMENT

The Legislative power resides in a Congress divided into two

Houses: the Senate and the House of Representative.

 The 24 senators are elected at large by popular vote, and

can serve no more than two consecutive six year terms.

 The Senate is composed of 24 senators who are elected and

serve for six-year terms with half the senators elected every
three years.
 The House of Representatives is composed of the
Congressmen/women (officially called Representatives) elected to
a three-year term and can be re-elected, but cannot serve more than
three consecutive terms. Sectoral representatives are members of
party-list organizations who can give “voice” to significant
minorities of society that may not be adequately represented
through geographical district.

 The House is composed of district representative representing a

particular geographic area and makes up around 80% of the total
number of representatives.

 There are 234 legislative districts in the Philippines that elect their
representatives to serve three-year terms.
The Party-list system
Based on Article VI, Section 5(2) of the Constitution as
implemented by Republic Act No. 7941, the different sectors
of the Philippine society like the farmers, labor, education,
women, youth and others except the religious sector shall be
represented in the congress.

The different sectors form a party and register their

respective parties with the Commission on Elections. The
voters vote for the party that they want in the ballot on election
day and the party who garners at least two per cent of the votes
will be entitled to one party list representative in Congress
ARTICLE VI – LEGISLATIVE DEPARTMENT
Legislative power is essentially the authority under the Constitution to
make laws and to alter and repeal them. Under the present set-up, the
legislative department is divided into two chambers: the Senate with 24
members and the House of Representatives with not more than 250
members, 20 percent of which comes from the party list
representatives.

Qualification of Senators
1. Natural born Citizens of the Philippines
2. At least 35 years old on the day of election
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for 2 years preceding the day of
election.
Qualifications of Representatives

1.Natural born Citizens of the Philippines

2.At least 25 years old on the day of election
3.Able to read and write
4.A registered voter in his (except the party list)
5.A resident of the Philippines for at least a year
before the day of election
ARTICLE VIII – JUDICIAL DEPARTMENT
 The Supreme Court is a 15-member court appointed by the
president without the need to be confirmed by Congress.
 The appointment the president makes, however, is limited to a list
of nominees provided by a constitutionally specified Judicial and
Bar Council.
 Judicial power is the power to apply the laws to contests or
disputes concerning legally recognized rights or duties between
the State and private persons, or between individual litigants in
cases properly brought before the judicial tribunal.
 The supreme Court is composed of a Chief Justice and 14
Associate Justices.
Qualifications of the Justices

1.A natural born citizen of the Philippines

2.At least 40 years old
3.A judge or a law practitioner for 15 years in the
Philippines
4.A person of proven competences, integrity, probity
and independence
Only the House of Representatives can initiate the
impeachment of the president, members of the
Supreme Court, and other constitutionally
protected public officials such as the Ombudsman.
The Senate will then try the impeachment case.
This is another safeguard to promote moral and
ethical conduct in the government
ARTICLE IX – CONSTITUTIONAL COMMISSIONS
The Constitution also established three independent
Constitutional Commissions, namely,

The Civil Service Commission, a central agency in charge

of government personnel.
The Commission on Elections, mandated to enforce and
administer all election laws and regulations.
The Commission on Audit; which examines all funds,
transactions, and property accounts of the government and
its agencies.