DAGNO, KRYSTEL ABBY L.

prelates under whose guidance the parish priests think,

BSIT 1A preach, confess and act with marvelous uniformity.
SS112 REVIEWER (1ST SEM - 2ND TERM) Perhaps the guarantee of the moderating power of
the parish priests may be self to society to balance and
MODULE 11: MONASTIC SUPREMACY IN THE harmonize the interests of the people and the institutions; but
PHILIPPINES the fact is that the convents are opposed to this equilibrium
“Leadership by deceptions isn’t leadership. It’s fraud.” and harmony.
- Mahatma Gandhi The hatred and distrust between both elements
Answer Key: constitute the life of the convents. To frighten the
1. Papal Decree - Aimed to relieve the Filipino Catholics of government with the rebelliousness of the country and
this burden by reducing the number of feast days and frighten the country with the despotism of the government -
ordering that each diocese have only one patron saint to be that is the system that the friars have so skillfully evolved to
named by the Holy See. be able to rule at the expense of everyone.
2. La Soberania Monacal an Filipinas - First published in They offer the government to suppress the
Barcelona, Spain in 1889, and reprinted in Manila 1898. country’s rebelliousness and the government gives them all
3. Direct Tax - Personal cedula, Urban Tax, Industrial its autocratic support, going to the extreme if the friars so
subsidy and additional municipal tax, provincial tax, and demand, while they portray the ruler as the personification of
personal loan. tyranny and despotism. They offer the people to soften that
4. Signature of the curate - Necessary to the census of tyranny and the people place its wealth in their hand so that
residents in a municipality. they may defend them against official tyranny.
5.Indirect Tax - Market, vehicles, horses, stamps and The basis of monastic wealth is the lack of union
surcharges, slaughter of cattle, river tolls, and others. between the people and the government and it is necessary
to foster it by fanning the resentment of the first and the
ABSTRACTION despotism of the second. To achieve this, they count on the
Marcelo H. Del Pilar’s La Soberenia Monacal en Filipinas diversity of languages among the rulers and the ruled; and to
 was first published in Barcelona, Spain, in 1898. preserve that diversity, to impede popular education, and to
 It’s publication in Spain was hailed by Spanish avoid at any cost that the people and the government come
liberals and former Spanish administrators in the to understand each other, are the best way of keeping them
Philippines, including former Governor General in perpetual antagonism.
Emilio Terrero (1885-1888) and Benigno In the Philippines, however, religious amortization is
Quiroga, former director general of the civil very conspicuous. Ignorance and fanaticism encouraged by
administration in the Philippines, and such scholars the monastic institutions and ignoring the claims of blood
as Miguel Morayta And Ferdinand Bluementritt. relations as if they were contrary to divine law have been
 Jose Rizal, the most cultured of the reformist group responsible for centuries for the immense number of
called Del Pilar’s work as one that had “no chaff; it disinherited families. The best lands, the best estates, thus
is all grain”. (Translated by: Dr. Encarnacion passed to the control of monastic communities.
Alzona in 1957) Today the convents are the millionaires of the
country; their large funds cannot be alienated. Their lands
ITS POLITICAL ASPECT are cultivated without the stimulus of the owners and with
The interference of the friars in the government of discouragement on the part of the tillers. They are leased
the Philippines is so ingrained that without difficulty the friars and the rent increases from time to time and in proportion to
control the status quo of the country in defiance of the nation the improvements introduced on the land.On more than one
and the institutions. occasion the voice of poverty has exhaled touching
In charge of almost all the parishes, their parochial complaints; but who listens to the voice of poverty? Monastic
mission takes on the double character of a political organ properties are subject to land titles of ten percent and the
and popular patronage. This mission gives the curate great increase in their income ought to favor the government
power in each locality; and this power, as it does not lose its treasury but does it perchance?
monastic character, is at the command of the regular We don’t know. The government finance office
relies on the sworn statement of the convents, and what
official would dare verify that Olympics declaration, as in
view of monastic predominance government employees are of this social elements whose manifestations are purely
daily in danger of losing their positions? In the year 1887 the those of the consumer.
provincial government of Laguna tried to get information The Reverend Fathers are empowered to name the
about the increase in the income of the lands in Calamba persons who ought to be deported; and the government
belonging to the Dominican friars. It found out that the annual solemnly declares that the parish curate’s opinion suffices so
income of five thousand pesos has been sextupled, that the deportation may not be arbitrary.
amounting to more than thirty thousand pesos. The finance It is no longer fanaticism that builds this opulence,
office learned about it; and nothing more. no; it is fear of the group which has been raised to the power
The Filipinos pay direct taxes consisting of the which, with no one stroke of the pen or a low whisper, can kill
personal cedula, urban tax, industrial subsidy and additional the happiness of one who obstructs or does not cooperate in
municipal tax, provincial tax, and personal loan; and besides the development of its schemes of exploitation.
these, the indirect one of the markets, vehicles, horses,
stamps and surcharges, slaughter of cattle, river tolls, and ITS RELIGIOUS ASPECT
others. Well then; besides the direct and indirect there exists In the performance of their duties, the municipal
another which, though it does not figure in the financial plan officials depend on the parish priest. To report the conduct of
of the Philippines, nevertheless is a burden on her interests. a citizen the testimony of one hundred members of the
This is what we would call the tax of religious Principalia is not enough. The essential requirement is the
festivals. The papal decree of 2 May 1867 aimed to relieve curates approval. The signature of the curate is necessary to
the Filipino Catholics of this burden by reducing the number the census of residents in a municipality, to the conscription
of feast days and ordering that each diocese have only one of eligible young men, to formalize accounts and other official
patron saint to be named by the Holy See, and in fact this documents.; to everything and for everything the curate’s
was done. But it is evident that the will of the pope is signature is an essential requisite.
ineffective and impotent so far as the regular curates in the On the other hand, there exists no ruling prescribing
Philippine Archipelago are concerned. the conditions under which the curate should grant or
Each parish church has a tutelary patron of the withhold his approval. The curate approves it or denies it,
town besides the patron saint of one or more confraternities according to his will or the order of his prelates.
and patron saints of secondary importance venerated in Supreme orders are carried out if the crate so
some churches according to the curates devotion. Their pleases. If the superior authority tries to demand an
respective saint’s days are celebrated with pomp at the energetic enforcement of his orders, the curate informs the
expense of the people. For each celebration are collected prelate of his convent and this one obtains dismissal of the
large sums of novena, masses, sermons, processions, public official. His powerful argument which produces a
music, bands, singers, sacristans,bell-ringing, bell-men, magical effect is that national integrity is in danger.
curtains, altars, silver candelabra, chandeliers, candles, and The foundation of a building is to be laid and the
the like. During these celebrations, the townspeople have to curate does not like it, then national integrity is in danger;
keep open house, entertaining lavishly. In addition, there are public health demands that the corpses should not be
fireworks of thousands of skyrockets that reduce to smoke brought into the churches; well nothing, national integrity is in
the savings of the fervent devotee. danger. And the same litany in everything.
Aside from these numerous and costly festivals, in The guarantee of national integrity is not the church
every district where fifty families dwell, a chapel is erected at nor can it be in the friars; it is in the same popular aspiration
a cost of at least one thousand pesos; there are some of fusing and identifying the interests of the Philippines with
costing five, ten, and fifteen thousand pesos. The dues of the those of the country that gave her political life, that shaped
stole and the foot of the altar are a legitimate source of and educated her to be worthy of modern civilization and
revenue of the priesthood. They are not just mere alms as sheltered her from the covetousness of foreign nations.
they think, they are just remuneration; Jesus Christ and To consolidate fraternity between Spain and
common sense declare that he who works deserves to eat. Philippines is the best defense of national integrity; it is
But the exaggerating collection of some dues Spain’s ideal; it is the dream of the Philippines. If the divisive
without the sanction of Jesus Christ hurt the interest of the plan of the friars offers advantages to monastic exploitation,
Catholics and leads them to impious reflections and to it however jeopardizes the future of the Philippines as well as
inquire in the light of economics about the productive value the highest interest of both countries.
Even if we assume that the divisive plan of the friars Because of this, there is a notable contrast between
succeeds and for the reason the antagonism between the the poverty of the government and the opulence of the vow
rulers and the ruled intensifies, what means of pacification do of poverty. Let us analyze this economic phenomenon.
the convents offer? They will not be the government forces, The amortization of lands is fatal to agriculture
for in the case the power of monastic saddles would not be everywhere. Experience and economics have shown the
necessary. Neither can they command public opinion. This needs for laws of disentail. In the countries where such wise
rejects them; the cry for the immediate expulsion of the friars measures have been adopted, capital was immediately
is unanimous. And above all: if the friars command public channeled to greater and better production. The sale of
opinion from whom will come the danger to national religious objects that rise in price by reason of priestly
integrity? blessing constitutes a true and indisputable simony; and
Ah, let the government consider that, let Spain notwithstanding, one of the principal sources of income of
consider that. As for us, we don’t believe it prudent to leave the monastic order is the trade in religious objects.
national integrity in the hands of the friars. Neither it is good The ready-made belt without priestly blessing costs
for the reigning monarch nor for any political interest does and is sold at four or five pesos a hundred, but the moment
that monasticism continue to be the arbiter of the fate of the priest blesses it and the belt passes on to the class of
Spain in the Philippine Islands. spiritual things and becomes an object of papal and
Episcopal indulgences, from that moment the price rises one
ITS ECONOMIC ASPECT hundred per cent at least. To the new member of
The laws that regulate the foundation and confraternity, it is sold at sixty-two cents, four eights of a
development of convents in the Philippines are undoubtedly peso each belt, the price going down until twenty-five cents
based on the belief that monastic life is unproductive. minimum when the buyer is an customer.
Numerous are the regulations pertaining to the manner of What is true of belts is also true of scapulars of the
supplying their need for wine, oil, and other things of the Recollect fathers, of the rosaries of Dominican fathers, of the
kind. cords of the Franciscan friars, and of various others too
But the abundance found in the convents makes many to enumerate.
laughable the pity of the government. The Philippine
government lacks resources to undertake public works; on MODULE 12: TAXATION UNDER SPANISH PERIOD
the other hand, the monastic orders build grand and costly “Here is my principle: Taxes shall be levied according to
convents in Manila and in each parish of three thousand ability to pay. That is the only American principle.”
souls, they erect a spacious palace for the residence of the - Franklin D. Roosevelt
regular curate.
The government establishes primary schools in ABSTRACTION
each town. The government houses are made of light Taxes Imposed by the Spanish Government in the
materials, like those destined for the tribunal which hardly Philippines
approximate the stable of the friar curators. Taxation during the Spanish period was
The government finds a thousand obstacles in compulsory. All Spanish colonies in America and the
collecting taxes from the tax-paying public; but the monastic Philippines were required to pay taxes for two reasons: (1)
orders empty without the difficulty the purse of the same as recognition of Spain’s sovereignty over the colonies, and
public in return for heavenly promises. (2) to defray the expenses of pacification (the act of forcibly
The government worries about meeting its suppressing hostility within the colonies) and governance
peremptory financial needs, but the monastic treasuries are thereafter.
overflowing with money so that their only worry is how to Several colonial laws on taxation were made by the
send away from the country their copious savings that foster Real y Supremo Consejo de las Indias (Royal and Supreme
the banking interest of foreign trade. Council of the Indies) for the Spanish monarch. These laws
The government refrains from creating new sources were embodied in the compilation of legislation related to the
of revenue in order not to burden Filipino interests, but the New World called the Recopilacion de leyes de los reynos de
friars invent every day new forms of devotion, some very las Indias. It was a four volume collection of laws relating to
costly, and the public pay, not because of fanaticism, but the Indies, which was published in Madrid in 1861.
rather, for fear of displeasing the friars whose poer they
know has sent many innocent victims to exile.
Taxes during the Spanish period in the Philippines were pardoned in the end. The Philippine tax system was
were the tribute, sanctorum, donativo, caja de communidad, also reformed because of the revolt.
and servicio personal (Boncan, 2016) These were the first native revolts against the hated
tribute and the corrupt collectors. Although they were easily
1. Tributo was a general tax paid by the Filipinos to Spain suppressed by government troops, more revolts of a similar
which amounted to eight Reales. Those who were required nature were to come one after another in subsequent years.
to pay the tributo were the (a) 18 - 50 years old males, (2) Agustin Sumuroy’s Revolt (1649-1650). On June
the carpenters, bricklayers, blacksmiths, tailors, and 1 1649, Agustin Sumuroy, who was a Waray from Palapag in
shoemakers, and (3) town workers such as those in road today’s Northern Samar, together with his followers rose in
construction, and those whose in public in nature. arms against the Spaniards over the polo y servicio or forced
2. Sanctorum was a tax in the amount of 3 Reales. These labor system being started in Samar. The revolt was
were required for the cost of Christianization, including the triggered when the town mayors sent the Warays to the
construction of churches and the purchase of materials for shipyards in Cavite for forced labor, contrary to the directive
religious celebrations. of the government of Manila that all natives subject to the
3. Donativo was a tax in the amount of half Real for the polo would not be sent to distant places from their
military campaign of the government against the Muslims. In hometowns to do forced labor. The rebels were responsible
later years, however, the amount collected from donativo for the death murder of the parish priest of Palapag. The
was almost exclusively used for the Spanish for it revolt spread to Cebu, Masbate, Camiguin, Bicol,
Zamboanga. Camarines, Albay, Zamboanga in Mindano, and Surigao.
4. Caja de comunidad was a tax collected in the amount of The rebels succeeded in establishing a rebel government in
1 Real for the incurred expenses of the town in the the mountains of Samar. However, the capture and
construction of roads, repair of bridges, or the improvement execution of Agustin Sumuroy on June 1650 led to the
of public buildings. 5. Servicio personal also called polo y eventual defeat of the rebels. David Dula, Sumuroy’s co-
servicios was a form of forced labor during the Spanish conspirator, continued the quest, but was wounded in one of
period in the Philippines. All able-bodied males, 16 to 60 the fierce battles he fought with the Spaniards years later. He
years old were required to work in the construction of was captured and later executed in Palapag, Northern
bridges, churches, and galleon ships. They were called Samar. His men, the seven key lieutenants, were also
polista. Earlier, the polistas were required to work for 40 executed.
days; however, the number of days was lowered to 15 days Francisco Maniago’s Revolt (1660-1661). In
in 1884 as a result of the tax reform issued through a Royal 1660, Francisco Maniago, a Kapampangan, led an uprising
Decree. Some of the polistas were brought to fight against in Pampanga. The Kapampangan were against the tribute,
the Muslims and others were brought in the Spanish forced labor, and rice exploitation. For eight months, they
expeditions. The only way that a polista can be freed from were made to work under unfair conditions and were not paid
forced labor was when he paid falla, or fine. But only very for their labor and for the rice purchased from them. Because
few could afford to pay the fine. The gobernadorcillo, cabeza of this, they set their campsite on fire and the fight ensued.
de baranggay, and other members of the principalia were This was the start of a bloodier revolt in Pangasinan.
exempt from forced labor and falla. Andres Malong Revolt (1660-1661). Malong (who
was the Maestro de Campo of Binalatongan, now San Carlos
City, Pangasinan), in the 1660s was coaxed by Maniago to
REVOLTS AGAINST THE TRIBUTE revolt against the abuses of the Spaniards because they
Cagayan and Dingras Revolts (1589). In 1589, were experiencing the same abuses. Malong, hoped to be
the Cagayan and Dingras Revolts against the tribute king in the province of Pangasinan, as he assisted many
occurred on Luzon in the present-day provinces of Cagayan Spaniards in governing different towns in the said province,
and Ilocos Norte. The revolt of the Ilocanos, Ibanags, and but abandoned it when the war broke out in Pampanga. He
other Filipinos was triggered by the alleged abuses of the tax heeded the call of Maniago and led the people of
collectors, including the collection of high taxes. Six tax Pangasinan to take up arms against the Spaniards. When he
collectors who had arrived from Vigan were killed by the succeeded, he proclaimed himself King of Pangasinan
natives. Govenor-General Santiago de Vera sent Spanish
and Filipino colonial troops to pacify the rebels. The rebels THE TAX REFORM OF 1884
One of the good reforms which Spain introduced in stop social unrest. Worst scenarios were observed during the
the 19th century was the Tax Reform of 1884, as provided by colonial era when the Spanish colonizers introduced new
the Royal Decree of March 6, 1884, this tax reform contained land-holding systems to caciques. The introduction of
two important provisions: (1) abolition of the hated tribute Torrens system created serious problems that have far-
and its replacement of cedula tax, and (2) reduction of the reaching effects on the early systems of landholding. The
40-day annual forced labor (polo) to 15 days. nature inhabitants lost their ancestral domains to the
The Cedulas Personales. Cedulas were first issued colonialists.
based on the Royal Decree on March 6, 1884. All men and The poor economic and social conditions of the
women residents of the islands - Spaniards, foreigners, and peasants in the Philippines need immediate agrarian reform
natives - who were over 18 years old were required to obtain measures by the Philippine government.
a cedula. The only exceptions were the Chinese, who paid Pre-Spanish Period Filipinos already lived in
another poll tax, the remontados d infieles, that were not villages and barangays even before the Spaniards came to
subject to the local administration, and the natives and the Philippines. The settlements were ruled by chieftains or
colonists of the archipelago of Jolo and of the islands of datus who comprised the nobility. There were also the
Balabac and Palawan. maharlikas (freemen), the aliping mamamahay (serfs), and
All in all, there were 16 different classes of cedulas. aliping saguiguilid (slaves). Despite the existence of a social
Originally, there were nine classes taxed, the rates of taxes structure, everyone had access to the fruits of the soil. Rice
ranged from 1.50 pesos to 25 pesos, and a tenth, gratis, for was the medium of exchange as money was yet unknown.
priest, soldiers and privileged classes. Spanish Period (1521-1896) The Spaniards
introduced the concept of encomienda to the Philippines.
MODULE 13: AGRARIAN REFORM FROM THE SPANISH Encomienda was a system of giving lands (Royal Land
COLONIAL PHILIPPINES Grants) to the Spanish conquerors that were loyal to the
“Land monopoly is not the only monopoly which exists, but it Spanish Monarch. As a matter of policy, encomenderos must
is by far the greatest of monopolies; it is a perpetual defend his encomienda from external attack, maintain peace
monopoly, and it is the matter of all other forms of and order within, and support the missionaries. In turn, the
monopoly.” encomenderos were given the right to collect taxes (tribute)
- Winston Churchill from the indios (natives). Because of this, encomenderos
started to abuse their power by renting their lands to a few
powerful landlords, and the natives who once freely
cultivated the land became share tenants.
Agrarian Uprising (1745-46) Taxation was not only
the reasons for the revolts of the Filipinos during the Spanish
period, but the agrarian unrest as well. The Agrarian Revolt
happened between 1745 and 1746 in Batangas, Laguna and
Cavite, and Bulacan. The revolt happened in the towns of
Lian and Nasugbu in Batangas. The grabbing of lands by the
Catholic religious orders angered the native land owners and
demanded that their lands be returned based on ancestral
domain. However, the Spanish priests refused which
resulted to riots and massive looting of convents and the
burning down of churches and ranches. Troops were sent
from Manila to Batangas to quell the disturbance. The
encounter was bloody and those who surrendered were
pardoned.
The uprising resonated in other towns of the
ABSTRACTION
neighboring provinces, notably Binan, Imus, Silang, Kawit
Land Reform has gained great significance all over
Bacoor, San Mateo, Taguig, Paranaque, and Hagonoy. The
the world as it aims to achieve social justice and full
agrarian conflicts reached the ear of King Philip VI who
development of human dignity. Throughout time, the issue of
appointed Oidor (a judge of the Royal Audiencias and
land reform has been persistent, demanding measures to
Chancillerias) Pedro Calderon Enriquez to investigate the
charges brought against the religious orders and to ascertain  The Commonwealth Act No. 178 (An Amendment to
the validity of their titles to the lands in question. The friars Rice Tenancy Act No. 4045) enacted on Nov. 13,
were ordered to submit their titles to a secular judge, but 1936, provided for certain controls in the
refused to comply, claiming ecclesiastical exemption. In the landlordtenant relationships.
face of their opposition the governor general dispossessed  The National Rice and Corn Corporation (NARIC) of
the friars of the lands which were said to have been illegally 1936 established the price of rice and corn that
occupied by the friars and which they were continuing to hold helped the poor tenants as well as consumers.
without legitimate title, restoring the lands to the Crown. The  The Commonwealth Act No. 461, 1937, specified
case was appealed by the friars to the Royal Audencia of the reasons for dismissal of tenants and only with
Manila and that tribunal upheld the first decision; then the the approval of Tenancy Division of the Department
case was further appealed to the Council of the Indies in of Justice.
Spain and again the decision was confirmed. But the whole  The Rural Program Administration, created on
matter did not stop here; subsequently, the friars won their March 2, 1939, provided the purchase and lease of
case and retained the disputed lands, and their ownership of haciendas and their sale and lease to the tenants.
the lands remained intact even after the end of the Spanish The Commonwealth Act No. 441, enacted on June
regime. 3, 1939, created the National Settlement
The First Philippine Republic When Gen. Emilio Administration with a capital stock of P20 000 000.
Aguinaldo came to power in 1899, the Malolos Constitution
which they crafted intended to confiscate the so-called Friar Japanese Occupation During the Second World War
lands and other large estates. However, the First Philippine (that started in Europe in 1939 and in the Pacific in 1941),
republic was short-lived so that the plan to confiscate the the Hukbo ng Bayan Laban sa mga Hapon (HUKBALAHAP)
lands was never executed. controlled the areas of Central Luzon. The HUKBALAHAP
American Period (1898-1935) There were some was composed of peasants and workers who took up arms
noteworthy regulations enacted during the American period. against the Japanese forces. Peasants who supported them
These were the Philippine Bill of 1902, which set the ceilings earned fixed rentals, while landowners who supported the
on the hectarage of private individuals to 16 hectares, and Japanese lost their lands to peasants. But this was short-
1,024 hectares for corporations. The Land Registration Act of lived because it ended with the end of WWII.
1902 (Act No. 496), which provided for a comprehensive The problem of land tenure in the Philippines remained
registration of land titles under the Torrens system. The even after the Philippine Independence in 1946. To address
Public Land Act of 1903 , which introduced the homestead the problem, the Philippine Congress revised the tenancy
system in the Philippines. The Tenancy Act of 1933 (Act No. law.
4054 and 4113), which regulated relationships between
landowners and tenants of rice (50-50 sharing) and sugar President Manuel L. Roxas (1946-1948)
cane lands. During the Roxas’ administration, the following laws were
However, The Land Registration Act of 1902 did not enacted: Republic act No. 34, which established the 70-30
completely solve the problem of land registration under the sharing arrangements and regulated the share-tenancy
Torrens system because the land owners might not have contracts. Republic Act No. 55, which provided for a more
been aware of the law or that they could not pay the survey effective safeguard against arbitrary ejectment of tenants.
cost and other fees required in applying for a Torrens title.
Commonwealth Period (1935-1942) During this President Elpidio Quirino (1949-1953)
period, President Manuel L. Quezon advocated the Social issued executive order No. 355 on October 23, 1950,
Justice program to block the increasing social unrest in replaced the National Land Settlement Administration with
Central Luzon. Significant legislations enacted during Land Settlement Development Corporation (LASEDECO)
Commonwealth period were the following: that took over the responsibilities of the Agricultural
 The 1935 Constitution, which was promulgated for Machinery Equipment Corporation and the Rice and Corn
the promotion of social justice to ensure the well- Production Administration.
being and economic security of all people, should
be the concern of the State. President Ramon Magsaysay (1953-1957)
enacted the following laws: (a) Republic Act No. 1160 of October 21, 1972, restricted the land reform scope to
1954, which abolished the LASEDECO and established the tenanted rice and corn lands and set the retention limit at 7
National Resettlement and Rehabilitation Administration hectares.
(NARRA) to resettle dissidents and landless farmers. It was
particularly aimed at rebel returnees providing home lots and President Corazon C. Aquino (1986-1992)
farmlands in Palawan and Mindanao. (b) Republic Act No. Article II, Sec. 21 of the 1987 Philippine Constitution provides
1199 (Agricultural Tenancy Act of 1954), which governed the that “The State shall promote comprehensive rural
relationship between landowners and tenant farmers by development and agrarian reform.” With this, President Cory
organizing share-tenancy and leasehold system. It also Aquino signed into law the following: (1) Executive order No.
created the Court of Agrarian Relations. (c) Republic Act No. 228, July 16, 1987, which declared full and land ownership to
1400 (Land Reform Act of 1955), which created the Land qualified farmer-beneficiaries covered by PD 27. (2)
Tenure Administration (LTA) that was responsible for the Executive Order No. 229, July 22, 1987, provided the
acquisition and distribution of large tenanted rice and corn mechanism for the implementation of the Comprehensive
lands over 200 hectares for individuals and 600 hectares for Agraria Reform (CARP). (3) Proclamation No. 131, July 22,
corporations. (d) Republic Act No. 821 (Creation of 1987, which instituted the CARP as a major program of the
Agricultural Credit Cooperative government. It provided for a special fund known as the
Financing Administration), which provided loans to small Agrarian Reform Fund (ARF), with an initial amount of Php
farmers and share tenants with interest rates of as low as six 50 billion to cover the estimated cost of the program from
to eight percent. 1987-1992. (4) Executive Order No. 129-A, July 26, 1987,
which streamlined and expanded the power and operations
President Carlos P. Garcia (1957-1961) of the DAR. (5) Republic Act No. 6657, also known as the
who succeeded the presidency after the death of President Comprehensive Agrarian Reform Law (CARL) which was
Ramon Magsaysay continued the program. signed into law on June 10, 1988. This law instituted a
comprehensive agrarian reform program to promote social
President Diosdado Macapagal (1961-1965) justice and industrialization. This law is still at work until the
enacted Republic Act No. 3844 of August 8, 1963 present. (6) Executive Order No. 405, June 14, 1990, which
(Agricultural Land Reform Code) that abolished share conferred in the Land Bank of the Philippines (LBP) the
tenancy, institutionalized leasehold, set retention limit at 75 responsibility to determine land valuation and compensation
hectares, invested rights of preemption and redemption for for all lands covered by CARP. (7) Executive Order No. 407,
tenant farmers, provided for an administrative machinery for June 14, 1990, which accelerated the acquisition and
implementation, institutionalized a judicial system of agrarian distribution of agricultural lands, pasture lands, fishponds,
cases, incorporated extension, marketing and supervised agro-forestry lands and other lands of the public domain
credit system of services or farmer beneficiaries. suitable for agriculture.

President Ferdinand Marcos (1965-1986) President Fidel V. Ramos (1992-1998)

The Philippines “New Society” (Kilusang Bagong Lipunan) enacted laws that would promote a more meaningful
was ushered in by the proclamation of Martial Law agrarian reform program. These laws include, (1) Republic
(Proclamation No. 1081) on September 21, 1972. During this Act No. 7881 of 1995. This law amended certain provisions
time, the Agrarian Reform program was put into law and land of RA 6657 and exempted fishponds and prawns from CARP
reform program was implemented. In the events the coverage. (2) Republic Act No. 7905 of 1995, which
followed, President Marcos decreed the following: (1) strengthened CARP implementation. (3) Executive Order No.
Republic Act No. 6389, (Code of Agrarian Reform) and RA 363 of 1997, which prescribed the guidelines for the
No. 6390 of 1971 that created the Department of Agrarian protection of areas non-negotiable for conversion and
Reform and the Agrarian Reform Special Account Fund and monitoring compliance with Section 20 of the Local
expanded the scope of agrarian reform. (2) Presidential Government Code. (4) Republic Act No. 8435 of 1997
Decree No. 2, September 26, 1972, declared the country (Agriculture and Fisheries Modernization Act AFMA), an act
under land reform program and activated the Agrarian prescribing urgent related measures to modernize the
Reform Coordinating Council. All government agencies were agriculture and fisheries sectors of the country in order to
ordered to fully cooperate and assist the Department of enhance their profitability and prepare said sectors for the
Agrarian Reform (DAR). (3) Presidential Decree No. 27, challenges of globalization through an adequate, focused
and rational delivery of necessary support services, otherwise known as the comprehensive agrarian reform law
appropriating funds therefore and for other purposes. (5) of 1988, as amended, and appropriating funds therefor.
Republic Act 8532 of 1998, and act strengthening further the
Comprehensive Agrarian Reform Program (CARP), by President Benigno Simeon Cojuangco Aqiuno III (2010-
providing augmentation fund therefor, amending for the 2016)
purpose Section 63 of Republic Act No. 6657, otherwise together with farmers, Catholic Bishops, and other land
known as “The CARP Law of 1988”. This law provided an reform advocates developed a plan of action for the
additional Php 50 billion for CARP and extended its implementation of the Comprehensive Agrarian Reform
implementation for another 10 years. Program Extension with Reforms (CARPER). Aquino
established the multi-stakeholders mechanism, composed of
representatives from the Department of Agrarian Reform and
other CARP implementing agencies of the government,
President Joseph E. Estrada (1998-2000) Church officials, non-governmental organizations, peoples
ERAP initiated the enactment of Executive Order No. 151, organizations, and other farmers’ groups and federations to
September 1999 (Farmer’s Trust Fund), which established monitor the implementation of the CARP, specifically
the farmers trust development program and provided focusing on: (a) coverage and distribution of agricultural
institutional reforms and fund mechanisms for mobilizing long lands; (b) movement and performance of Department of
term private sector capital for rural development. President Agrarian Reform personnel; (c) delivery of support services
Estrada launched the Magkabalikat para sa Kaunlarang to the beneficiaries; and (d) budget allocation and utilization.
Agraryo or MAGSASAKA. The DAR forged into joint
ventures with private investors into agrarian sector. The President Rodrigo Roa Duterte (2016-Present)
“Agrikulturang Maka Masa” was also launched that achieved The issue of land reform has been persistent even up to the
an output growth of 6 percent, which lowered the inflation present. The current Duterte administration is committed to
rate from 11 percent in January 1999 to just a little over 3 pursuing the agrarian reform program in the country.
percent by November of the same year. This was a record President Duterte, who is also the chairman of the
high at that time. Presidential Agrarian Reform Council (PARC), has included
land tenure security in his 10-point socio-economic agenda
President Gloria Macapagal Arroyo (2001-2010) to improve the quality of life of farmers and raise their
envisioned to make the countryside economically viable for productivity.
the Filipino family by building partnership and promoting
social equity and new economic opportunities towards lasting MODULE 14: THE PHILIPPINE CONSTITUTIONS
peace and sustainable rural development. So, on September “I would rather have a country run like hell by Filipinos than a
27, 2004, President Gloria Macapagal Arroyo, signed (1) country run like heaven by the Americans, because however
Executive Order No. 379 s 2004, amending Executive Order bad a Filipino government might be, we can always change
No. 364 entitled Transforming the Department of Agrarian it.”
Reform into the Department of Land Reform (DLR), which - Manuel L. Quezon
broadened the scope of the Department by making it
responsible for all land reform in the country. It also placed
the Philippine Commission on Urban Poor (PCUP) under its
supervision and control. DLR was also responsible for the
recognition of the ownership of ancestral domain by
indigenous peoples, under the National Commission on
Indigenous Peoples (NCIP). (2) Memorandum Circular No. 4
series of 2003 operationalized the development of Kapit-
Bisig Laban sa Kahirapan Agrarian Reform Zones (KALAHI
ARZones). (3) Republic Act No. 9700 s 2009, an act
ABSTRACTION
strengthening the Comprehensive Agrarian Reform Program
A constitution is a set of fundamental principles or
(CARP), extending the acquisition and distribution of all
established precedents according to which a state or other
agricultural lands, instituting necessary reforms, amending
organization is governed. It symbolized the county’s freedom
for the purpose certain provisions of Republic Act No. 6657,
and independence. The Philippine Constitution has evolved The salient features of the 1899 Malolos
since 1897: the 1897 Constitution of Biak-na-Bato , the 1899 Constitution include the declaration of sovereignty of the
Malolos Constitution, Acts of the United States Congress people, the enumeration of the basic civil rights, the
(Philippine Organic Act of 1902,Philippine Autonomy Act of separation of the Church and State, it provided for the
1916, and Tydings- McDuffie Act of 1934),the 1935 creation of creation of an Assembly of Representatives to act
Constitution, the 1943 Constitution, the 1973 Constitution, as the legislative body, and a parliamentary republic as the
the 1986 Freedom Constitution, and the 1987Constitution. form of government.
The Preamble of the 1899 Malolos Constitution
THE 1897 CONSTITUTION OF BIAK-NA-BATO reads,” We, the Representatives of the Filipino people,
The Tejeros Convention held at San Francisco de lawfully convened, in order to establish justice, provide for
Malabon in Cavite on March 22, 1897 was the result of the common defense, promote the general welfare, and insure
Katipunan revolution. In this convention, the first president the benefits of liberty, imploring the aid of the Sovereign
and vice president (of the Philippines) were elected by the Legislator of the Universe for the attainment of these ends,
members of the Katipunan. The elected president was Emilio have voted, decreed, and sanctioned the following”
Aguinaldo, and the vice president was Mariano Trias. The Acts of the United States Congress was in
It was on November 1, 1897 that the Republic of operation from December 10, 1898 to March 24, 1934, since
Biak-na-Bato (Republica de Biac-na-Bato) was established the Philippines was a territory of the United States during
during a meeting held at Biak-na-Bato in the town of San these periods because of the Treaty of Paris which
Miguel de Mayumo in Bulacan. This was a De Facto transferred the sovereignty from Spain to the United States.
Constitutional Republic. In this meeting, the constitution The acts, such as the Philippine Organic Act of 1902, the
written by Isabelo Artacho and Felix Ferrer was promulgated Philippine Autonomy Act of 1916, and the Tydings-McDuffie
by the Katipunan, which acted as Constitutional Assembly. Act of 1934, passed by the United States Congress were
The Constitution of Biak-na-Bato known as the “Constitution considered as the Philippine constitutions because they
Provisional de la Republica de Filipinas” was short-lived as it provided for the fundamental political principles and
operated only from November 1, 1897 to December 14, established the structure, procedures, powers and duties of
1897. the Philippine government.
The Preamble of the 1897 Constitution of Biak-na- Philippine Organic Act of 1902, also known as the
Bato reads ,”The separation of the Philippines from the “Philippine Bill of 1902”, was the first organic law enacted by
Spanish monarchy and their formation into an independent the US Congress for the Philippines. It provided for the
state with its own government from the Spanish monarchy creation of the Philippine Assembly, and a bicameral
and their formation into an independent state with its own legislature composed of a Philippine Commission (upper
government called the Philippine Republic has been the end house) and the Philippine Assembly (lower house) were the
sought by the Revolution in the existing war, begun on the law making power was vested. Like other constitutions, it
24th of August, 1896;and therefore, in its name and by the also enumerated the bill of rights for the Filipinos and
power delegated by the Filipino people, interpreting faithfully provided for the appointment of two non-voting Filipino
their desires and ambitions, we, the representatives of the Resident Commissioners of the Philippines that would
Revolution, in a meeting at Biac-na-bato, Nov. 1st .1897 represent the Philippines in the US House of
unanimously adopt the following articles for the Constitution Representatives.
of the State.” Philippine Autonomy Act of 1916, also known as the
The 1899 Malolos Constitution or the Pilotical “Jones Law “, amended the structure of the Philippine
Constitution of 1899 (Constitution Politica de 1899) was the government that was provided for in the Philippine Bill of
basic law of the First Philippine Republic whose form of 1902.
government was unitary semi-presidential constitutional. The It removed the Philippine Commission (upper
Malolos Constitution was the first republican constitution in house) and replaced it with the Senate whose members
Asia (Tucker 2009) written by Felipe Calderon y Roca and were elected by the Filipino voters. Because of this, the
Felipe Buencamino after the declaration of Philippine Philippines‘ first fully elected national legislature came into
independence from Spanion 12 June 1898 . It was signed being. A notable Statement of this act was the explicit
into law by the Malolos Congressand promulgated on expression of the United States to grant the Philippines its
January 21, 1899. The Malolos Constitution was in operation independence as soon as a stable Philippine government
from January 23, 1899 to March 23, 1901. would be established.
for corruption marred the process. In 1972, President
TYDINGS-MCDUFFIE ACT OF 1934 Ferdinand Marcos proclaimed martial law to suppress the
On March 24, 1934 the United States passed the increasing civil strife and the threat of communist takeover of
Tydings-McDuffie Act that allowed the Filipino nation to have the government. The proclamation of martial law suspended
a self-government. A ten-year transition period was granted the 1935 Constitution.
by this Act so that the Filipinos could be prepared for self- The Preamble of the 1935 Constitution reads, “The
government and full independence. Unlike the other two acts Filipino people, imploring the aid of Divine Providence, in
which could be considered constitution, the Tydings- order to establish a government that shall embody their
McDuffie Act of 1934 could not be considered as the ideals, conserve and develop the patrimony of the nation,
constitution, but still a very important document which promote the general welfare, and secure to themselves and
provided authority and defined mechanisms for the their posterity the blessings of independence under a regime
establishment of a formal constitution via a constitutional of justice, liberty, and democracy, do ordain and promulgate
convention. The eventful day arrived on July 4, 1946, when this Constitution.
the United States recognized Philippine independence in the
Treaty of Manila. The Philippine-American friendship day is THE 1943 CONSTITUTION
celebrated every 4th of July to commemorate the Philippine The Preparatory Committee for Philippine
independence from the United States of America. Independence (PCPI) promulgated the 1943 Philippine
Constitution during the Japanese occupation of the country.
THE 1935 PHILIPPINE CONSTITUTION Mostly of the members of the PCPI were delegates to the
This constitution was written in 1934 with the goal of convention that drafted the 1935 Constitution. The
meeting the United States’ expectation of political maturity constitution was ratified by the popular convention of the
among Philippine leaders so that a full and real KALIBAPI in Manila on September 7, 1943.
independence could be granted by the US. This constitution Following its ratification, the Second Republic was
was promulgated by the 1934 Constitutional Convention and then formally proclaimed. The Second Philippine Republic
was in operation during the Commonwealth era (1935-1946), was a single-party authoritarian republic. Jose P. Laurel was
until the Third Republic (July 4, 1946 - January 16, 1973). appointed as President by the National Assembly and was
The Third Republic started with the granting of Philippine inaugurated into office in October14, 1943, and Benigno
independence from US domination on July 4, 1946 to Roxas Simeon Aquino Sr. was the Speaker of the National
Administration (1953-57), Garcia Administration (1957-61), Assembly.
and Macapagal Administration (1961-65). The 1943 Constitution was in operation in
During the Commonwealth period, the form of Japanese-controlled areas of the Philippines from October
government was Presidential system, with the president 14, 1943 to August 17, 1945. However, the United States
serving a six-year term without reelection. It also provided for and the Commonwealth, government which was in exile did
a unicameral National Assembly. However, in 1940 an not recognize the said constitution. Laurel Formally dissolved
amendment was done establishing a Bicameral Congress of the Second Philippine Republic following the surrender of
the Philippines composed of a Senate and House of japan in World War II.
Representatives, as well the creation of an independent The Preamble of the 1943 Constitution reads:”The
electoral commission. Moreover, President’s term was Filipino people, imploring the aid of Divine Providence and
changed from six years without reelection to a four-year term desiring to lead a free national existence, do hereby proclaim
with the maximum of two consecutive terms in office. their independence, and develop the patrimony of the Nation,
In the Third Republic, the 1935 Constitution was still and contribute to the creation of a world order based on
in operation, the form of government of the Philippines was peace, liberty and moral justice, do ordain this Constitution.
Unitary Presidential Constitutional Republic .Again, an The 1973 Constitution was promulgated by the
amendment was made in 1947, which provided for provision 1973 Constitutional Convention, after Marcos declared
of the Parity Rights between the American and the Filipino material law. The 1973 Constitution ruled the Fourth
Citizens. The Parity Rights granted the U.S. citizens and Philippine Republic from January 17, 1973 to February 22,
corporations equal rights with Filipino citizens over the 1986. A unicameral legislature was Republic from January
Philippine natural resources. 17, 1973 to February 22, 1986. A unicameral legislature was
In 1971, a Constitutional Convention was held to established during this period, whose members were elected
rewrite or revise the 1935 Constitution. However, so much for a six-year term of office. The President was elected from
among the members of the national Assembly for a sixyear provisions of the 1973 constitution, as amended; Whereas,
term and eligible for re-elections. The elected president will the direct mandate of the people as manifested by their
serve only as purely ceremonial head of state. Executive extraordinary action demands the complete reorganization of
power was exercised by the Prime Minister who was also the government, restoration of democracy, protection of
elected from amongst the members of the national assembly. basic rights, rebuilding of confidence in the entire
The Prime Minister was the head of government and governmental system, eradication of graft and corruption,
Commander-in-Chief of the Armed Forces. restoration of peace and order, maintenance of the
The 1973 Constitution amended on four occasions. supremacy of civilian authority over the military, and the
(1) In the 1976 amendments, the Interim National Assembly transition to a government under a new constitution in the
was replaced by the Interim Batasang Pambansa, the shortest time possible; Whereas, during the period of
President would also become the Prime Minister and would transition to a new constitution it must be guaranteed that the
exercise legislative powers until the lifting of the martial law, government will respect basic human rights and fundamental
the President can legislate on his own on an “emergency” freedoms; WHEREFORE, I CORAZON C. AQUINO,
basis. (2) In the 1980 amendment, the retirement age of the President of the Philippines, by virtue of the powers vested in
members of the Judiciary was extended to 70 years. (3)In me by the sovereign mandate of the people, do hereby
the 1981 amendments, the false parliamentary system was promulgate the following Provisional Constitution.”
formally modified into a French-style semi-presidential
system were: executive power was restored to the President, THE 1987 PHILIPPINE CONSTITUTION
direct election of the President, direct election of the The 1987 Philippine Constitution was drafted by a
President was restored, an Executive Committee composed constitutional assembly that was mandated in Proclamation
of the prime Minister and not more than 14 members was No. 3. The commission composed fifty members appointed
created to “assist the President in the exercise of his powers by President Corazon Aquino from various Backgrounds:
and functions and in the performance of his duties as he may former members of the House of Representatives, former
prescribe, ”and the Prime Minister was a mere head of the justices of the Supreme Court, a Roman Catholic bishop,
Cabinet.(4) The 1984 amendment abolished the Executive and political activists against the Marcos regime. Cecilia
Committee and restored the position of Vice-President. Muñoz-Palma, who was a former Associate Chief Justice of
The Preamble of the 1973 Constitution reads, “We, the Supreme Court, was elected by the commission as its
the sovereign Filipino people, imploring the aid of Divine president. The final draft of the 1987 Constitution was
Providence, in order to establish a Government that shall finished on October 12, 1986 and was presented to
embody our ideals, promote the general welfare, conserve President Aquino on October. The constitution was ratified
and develop the patrimony of our Nation, and secure to on February 8, 1987 through a nationwide plebiscite.
ourselves and our posterity the blessings of democracy The 1987 Constitution operates since 1987, during
under a regime of justice, peace, liberty, and equality, do the administration of Cory Aquino (1986-1992), Fidel Ramos
ordain and promulgate this Constitution.” (1992-1998), Joseph Estrada (1998-2001), Gloria Macapagal
Arroyo (2001-2010), Benigno Aquino III (2010-2016), and the
THE 1986 FREEDOM CONSTITUTION current administration of Rodrigo Roa Duterte (2016-
Right after the 1986 People Power Revolution that present).
Compelled President Marcos to step down from power, The preamble of the 1987 Constitution reads, “We,
President Corazon Aquino Issued Proclamation No. 3 to the sovereign Filipino People imploring the aid of Almighty
serve as a provisional constitution. The proclamation God, in order to build a humane society and establish a
contained some provisions adopted from the 1973 Government that shall embody our ideals and aspiration.
Constitution. Power such as government reorganization, promote the common good, conserve and develop our
removal of officials, appointment of a commission to draft a patrimony, and secure to ourselves and our posterity the
new and more formal Constitution, which upon ratification, blessings of independence and democracy under the rule of
would supplant the Freedom Constitution. law and a regime of truth, justice, freedom, love, equality,
The first part of Proclamation No. 3 reads, and peace, do ordain and promulgate this Constitution.”
“whereas, the new government was installed through a direct
exercise of the power of the Filipino people assisted by units
of the new armed forces of the Philippines; whereas, the
heroic action of the people was done in defiance of the