RPH Finals Reviewer
RPH Finals Reviewer
three other constitutions that have effectively governed the - removal of the Philippine Commission, replacing it with a
country Senate
o the 1935 Commonwealth Constitution 1932, the Filipino independence mission led by Sergio Osmeña
and Manuel Roxas, the United States Congress passed the
o the 1973 Constitution Hare-Hawes Cutting Act with the promise of granting
Filipinos’ independence
o the 1986 Freedom Constitution
1897: Constitution of Biak-na-Bato opposed by then Senate President Manuel L. Quezon and
provisionary Constitution of the Philippine Republic during consequently, rejected by the Philippine Senate.
the Philippine Revolution
November 1, 1897 1934 the Tydings-McDuffie Act, or the Philippine
borrowed from Cuba Independence Act, was passed by the United States
written by Isabelo Artacho and Felix Ferrer in Spanish, and Congress
later translated into Tagalog
provided authority and defined mechanisms for the
1899: Malolos Constitution
establishment of a formal constitution by a constitutional
Upon the defeat of the Spanish to the Americans in the
convention
battle of Manila Bay on May 1, 1898
members of the convention were elected and held their
Philippine Declaration of Independence was issued on June 12,
first meeting on 30 July 1934, with Claro M. Recto
1898,
unanimously elected as president.
selected a commission to draw up a draft constitution on
constitution was crafted as promise to grant independence
17 September 1898
to the Philippines.
Approved by the Congress on 29 November 1898
interrupted by the events of the World War II, with the
Promulgated by Aguinaldo on January 21, 1899 Japanese occupying the Philippines was declared an
independent republic on 4 July 1946
Tittle “The Political Constitution of 1899”
1973: Constitutional Authoritarianism
patterned after the Spanish Constitution of 1812, with 1965, Ferdinand E. Marcos was elected president
influences from the charters of Belgium, Mexico, Brazil,
1967, Philippine Congress passed a constitutional convention
Nicaragua, Costa Rica and Guatemala, and the French
to change the 1935 Constitution
Constitution of 1793
Marcos’s re-election in 1969
shared similar social, political, ethnological and governance
conditions with the Philippines November 20, 1970 Elections of the delegates
Felipe Calderon, main author began formally on 1 June 1971, with former President
Carlos P. Garcia unfortunately died, and succeeded by
Also influence by:
Diosdado Macapagal
o Kartilya and the Sangunian-Hukuman by Emilio Jacinto in
1896 Before the convention finished its work martial Law was
declared Attempt to Amend or Change the 1987 Constitution
1987 Constitution provided for three methods by which the
29 November 1972 the convention approved its proposed Constitution can be amended
constitution.
o Constituent Assembly
president would serve a 6-year term and could be elected
to an unlimited number of terms o Constitutional Convention
Presidential Decree No. 73 setting the date of the plebiscite o People’s Initiative
to ratify or reject the proposed constitution on 30 starting with the presidency of Fidel V. Ramos
November 1973
first attempt was in 1995, Secretary of National Security Council
Citizen Assemblies were held, from 10-15 January 1973 Jose Almonte drafted a constitution, but it was exposed to the
17 January 1973, issued a proclamation announcing that the media and it never prospered
proposed constitution 1997, when a group called PIRMA hoped and gather signatures
merely a way for the President to keep executive powers from voters to change the constitution through a people’s
initiative
August 1983, Benigno Aquino Jr. opposition leader
assassinated Joseph E. Estrada investigate the issues surrounding charter
change focusing on the economic and judiciary provisions of the
forced to hold “snap” elections and said elections were constitution and blocked
fraud
House Speaker Jose de Venecia endorsed constitutional change
EDSA People Power Revolution of 1986 through Constituent Assembly and not successful since the term
of president Arroyo was mirred in controversy and scandal
Corazon Aquino, was installed as president on 25 February
1986 During President Benigno Aquino III, Speaker of the House,
Feliciano Belmonte Jr. who attempted to introduce amendments
1987: Constitution after Martial Law to the Constitution that concern economic provisions that aim
established the Philippines as a “democratic republican State” toward liberation
safeguard the country from the experience of martial law 2016 Duterte supported federalism
despotism
Policies on Agrarian Reform
president may still declare martial law, but not longer than a rectification of the whole system of agriculture
period of 60 days
centered on the relationship between production and the
president and the vice president are elected and serve 6-year distribution of land among the farmers
term
production and distribution in farming and related enterprises
Congress divided into two Houses
Land Ownership in the Philippines under Spain
o the Senate system of pueblo agriculture
o the House of Representatives o rural communities were organized into a pueblo and given
land to cultivate
created a party list system
o not allowed to own their land- the King of Spain owned it
established three independent Constitutional
o Filipinos cultivate land and they paid their colonial tributes in
o Civil Service Commission, a central agency in charge of the form of agricultural products
government personnel
Law of Indies
o Commission on Elections, mandated to enforce and
administer all election laws and regulations o the Spanish crown awarded tracts of land to
o peasant families who were “assigned” to the land were driven Republic Act No. 1199 or the Agricultural Tenancy Act
out or forced to come under the power of these people
o govern the relationship between landholders and tenant
Landownership in the Philippines under the Americans farmers
land policies to increase the small landholders and distribute
ownership to a bigger number of Filipino tenants and farmers o protecting the tenurial rights of tenants and enforced
tenancy practices
Philippine Bill of 1902 the disposal of public lands
o Court of Agricultural Relations was created in 1955
Americans were also given rights to own agricultural lands in - to improve tenancy security
the country
- fix land rentals of tenanted farms
enacted Act No. 496 or the Land Registration Act
- resolve land disputes
o which introduce Torrens system to address the absence of
earlier records of issued land titles and conduct accurate o Agricultural Credit and Cooperative Financing Administration
land surveys (ACCFA)
o allowing the tenant to enter into an agricultural business by - assist farmers in marketing their products
acquiring a farm of at least 16 hectares
o government lacked funds and provided inadequate support
o limited to areas in Northern Luzon and Mindanao services for the programs
Landownership worsened, because there was no limit to the size o landed elite did not fully cooperate and they criticized the
of landholdings people could possess programs
accessibility of possession was limited to those who could afford major stride during the term of President Diosdado Macapagal
to buy, register, and acquire fixed property titles through the Agricultural Land Reform Code (Republic Act No.
3844)
Not all friar lands were sold or leased to American and Filipino
business interest o abolished share tenancy in the Philippines
o emphasize owner-cultivator ship, farmer independence, equity,
Many were forced to return to tenancy
productivity improvement, and public land distribution
Filipino hacienderos purchased or forcefully took over the lands o Congress did not make any effort to come up with a separate
from the farmers who could not afford to pay debts bill to fund its implementation
Commonwealth government situation Agrarian Reform Efforts under Marcos
Presidential Decree No. 27 or the Code of Agrarian Reform of
o President Quezon laid down a social justice program
the Philippines the core of agrarian reform during the Marcos
focused on the purchased of haciendas divided and sold to
regime
tenants
o National Rice and Corn Corporation (NARIC) to assign public landowner may retain an area of not more than seven (7)
defenders to assist peasants in court battles for their hectares
rights to the land “Operation Land Transfer” on lands occupied by tenants of
o problems on budget allocation for the settlement program more than 7 hectares
o widespread peasant uprisings “Masagana ‘99”, farmers were able to borrow from banks and
purchase three-hectare plots of lands and agricultural inputs
o World War II put a halt to all
Post 1986 Agrarian Reform
Post-War Interventions Toward Agrarian Reform 22nd of July 1987 Presidential Proclamation 131 and Executive
President Roxas passed Republic Act No. 34 to establish a 70-30 Order 229
sharing arrangement between the tenant and the landlord
1988, the Congress passed Republic Act No. 6657 Comprehensive Polo System (prestacion personal)
Agrarian Reform Law (CARL), which introduced the program
with the name redistribution of agricultural lands Males were required to provide labor for 40 days a year
(reduced to 15 days a year in 1884).
retain not more than five hectares
Taxation Under the Americans
Hacienda Luisita issue Americans followed the Spanish system of taxation with some
modifications
Department of Agrarian Reform (DAR) distributed only 58.25% of
the total area target to be covered by the program Urbana would be replaced by tax on real estate known as the
land tax
Ramos signed Republic Act No. 8532 in 1998 to amend the CARL
and extend the program to another 10 years The Internal Revenue Law of 1904: 10 sources
CARPER and the Future of Agrarian Reform in the Philippines 01. licensed taxes on firms dealing in alcoholic beverages and
expired in 2008, leaving 1.2 million farmer beneficiaries and 1.6 tobacco
million hectares of agricultural land to be distributed to
02. excise taxes on alcoholic beverages and tobacco products
farmers
03. taxes on banks and bankers
2009, President Arroyo signed Republic Act No. 9700 or the
Comprehensive Agrarian Reform Program Extension with 04. document stamp taxes
Reforms (CARPER) may remain pending on June 30, 2014
05. the cedula
1 million hectares of land to 900, 000 farmer beneficiaries
06. taxes on insurance and insurance companies
500, 000 hectares of lands remain undistributed
07. taxes on forest products
DAR and the Department of Environment and Natural Resources
08. mining concessions,
(DENR) are the government agencies mandated to fulfill CARP
and CARPER 09. taxes on business and manufacturing
two agencies have proved incapable of fully achieving the goal 10. occupational licenses
of agrarian reform in the Philippines
1913, the Underwood-Simmons Tariff Act was passed, resulting
Evolution of Philippine Taxation in a reduction in the revenue of the government as export
Taxation in Spanish Philippines taxes levied
imposed the payment of tributes (tributes) from the Filipinos
tax receipts be increased to make up for the loss
handled by encomenderos
changes were made to the 1904 Internal Revenue Act
Exempted from the payment of tributes
1914, an income tax was introduced
o Principals
1919, an inheritance tax was created
o Alcaldes
1932, a national lottery was established to create more revenue
o Gobernadores for the Government
o cabezas de barangay Taxation during the Commonwealth Period
o soldiers, members of the civil guard Income tax rates were increased in 1936
o industria is a tax on salaries o Taxes on liquors, cigarettes, forestry products, and mining
were increased
Fiscal policy from 1946 to present
United States advised the adoption of direct taxation
administration of president Manuel Roxas declined
Tax Law of 1969 did not increase the ratio of income tax to
general tax revenue
Corazon Aquino reformed the tax system through the 1986 tax
reform program
o introduction of the value-added tax (VAT),
o Executive Order 127 tax collection and tax audits were
intensified
o 10.7% in 1985 to 15.4% in 1992