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History- Finals - Ph History summary

History (University of the Philippines Diliman)

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Evolution of the Philippine Constitution 1897 CONSTITUTION OF BIAK- NA- BATO

- A set of fundamental principles or - Provisionary Constitution of the Philippine
established precedents according to which Republic during the Philippine Revolution
a state or organization is governed. - Was promulgated by the Philippine
Revolutionary Government on Nov. 1, 1897.
Economic, political, social, historical changes->
• Supreme Council
evolution of the constitution.
- It was restated with the power of the
Constitution of the Philippines republic headed by the president and 4
department secretaries:
- Supreme law of land 1. Interior
- Has been in effect since 1987 2. Foreign affairs
3 constitution that governed the Philippines 3. Treasury
4. War
1. 1935 commonwealth constitution • Supreme council of grace and justice
2. 1973 constitution - Given the authority to make decision affirm/
3. 1986 freedom constitution disprove the sentences rendered by other
- People power courts
- Dictate rules for administration of justice
Since the installation of Corazon Aquino in
power, the 1987 Philippine Constitution served as a • Assembly of representatives
blueprint of governance in the country. - Wants to be convened after the revolution
- Create new constitution
Attempts have been made to change the - Elect a new council of government and
current constitution. representatives of people
Ex: CHARTER CHANGE THE CONSTITUTION
The most intriguing reason is to perpetuate in - It was never fully implemented, since a
power the incumbent President and other officials. truce, the pack of Biak- na- Bato, was
signed between the Spanish and the
With its provisions that seriously impede national
Philippine revolutionary Government.
growth and development, the current constitution
needs to be amended. Insight: charter change and federalism
AMEND- the timing and reason must be clear and
agreeable to the Filipinos.
Unitary- governed as a single entity
- Government is the center
- Have lesser power
PRES. RODRIGO DUTERTE
Federalism
- Essentially liberal and significantly to
conceive, develop and execute
- Divided decentralization and improve
access to resources equitably distribute
development opportunities to other regions.
Earlier constitutions attempted by the Filipinos
break free from colonial rule:
➢ 1987: Constitution of Biak- na- Bato
➢ 1899: Malolos Constitution

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Truce The Malolos Constitution was never enforced

due to the ongoing war.
(Pack of Biak- na- Bato)
The Philippines was effectively a territory of the
US after the signing of the treaty of Paris.
Filipino revolutionary leaders accepted payment

1898- 1901, the Philippines was placed under a

Revolutionary leaders want to exile military government.
2 acts of the US Congress that may be
considered to have qualities of constitutionality:
Battle of Manila Bay (Spaniards vs. Americans)
1. Organic act of 1902
- The first organic law of the Phil that provided
Aguinaldo was transported back to Philippines for creation of a popularly elected Phil
assembly
- Legislative power is vested in bicameral
legislature (Phil Commission- upper house;
Aguinaldo gained control of the newly formed
Phil assembly- lower house)
revolutionary forces
- It included bill of rights for Filipinos and he
appointment of 2 non- voting Filipino resident
commissions to the US.
First Philippine Republic (June 17, 1898)
2. Philippine autonomy act of 1916
- Commonly referred to as Jones law
Malolos Congress (1871) - Phil commission was replaced by the senate
that served as the upper house
- It declared the purpose of the US to end their
1899: Malolos Constitution sovereignty and to recognize Phil
independence as soon as stable government
- Patterned after the Spanish constitution of
can be established.
1812 with influences from Belgium, Mexico,
Brazil, Nicaragua, Costa Rica, Guatemala.
- Main author: Felipe Calderon
………………. Culting Act
What else influenced the Malolos constitution?
- 1932
➢ Kartilya - Sergio Osmenia and Manuel Roxas
➢ Katipunan written by Emilio Jacinto
➢ Byak- na- bato planned by Isabelo Artacho Tyding- Mc Duffie Act
➢ Mabini’s constitutional program of the - 1934
Philippine republic - Philippine Independence Act
➢ Provisional constitution of Mariano Ponce in
1898
➢ Autonomy projects of Paterno in 1898
1935: Commonwealth Constitution
➢ Sovereignty was retroverted to the people
➢ The form of the Government is to be popular, - Created the commonwealth of the Phil
representative, alternative and responsible (1935- 1946)
➢ The government shall exercise 3 distinct - A transitional administration
powers - It was originally provided for a unicameral
• Legislative national assembly (pres and vice pres for a
• Executive 6-year term)
• Judicial - Amendments were made in 1940

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- It was amended to have a bicameral ▪ Families were not allowed to own their land;
congress, senate and house of the king of Spain owned the land
representatives
▪ Filipinos were assigned to these lands and
- Limited the term of the pres and vice pres to
they paid colonial tribute
4 years with one reelection
- Right to suffrage was afforded to male ▪ Through the Law of the Indies, the Spanish
citizens who are 21 years of age or over and crown awarded tract of lands to:
are able to read and write; this was later on
extended to women within 2 years after the 1. religious orders
adoption of the constitution. 2. repartamientos for Spanish military as
- Dominant influence was American
- It also bears traces of the Malolos reward for their service
Constitution, the German, Spanish and
3. Spanish encomenderos, those who were
Mexican Constitutions, Constitutions of
managing encomienda
Several South American Countries, and the
unwritten English Constitution. encomienda – Spanish labor system
Filipinos were not given the right to own land, only
worked in them so that they might have a share of
Policies on Agrarian Reform
the crops and pay tribute.
Agrarian – relating to cultivated land or cultivating
▪ The encomienda was an unfair and abusive
of land
system:
reform – make changes to improve something
1. compras y vandala - tillers were made to
▪ The rectification of the whole system of compulsory sell at a very low price or surrender
agriculture their agricultural harvests to Spanish authorities
where encomienderos can resell it for a profit.
▪ An important aspect of the Philippine
economy – most citizens live in the rural 2. forced labor or polo
areas
Religious orders, the biggest landowners, also
▪ Centered on the relationship between became a main source of abuse and exploitation
production & the distribution of land among for the Filipinos.
farmers
Revolts were often agrarian in nature.
▪ Genuine agrarian reform
In the 1860’s, Spain enacted a law ordering
- uplift the Filipinos in the agricultural sector landholder to register their landholdings, and only
those who knew benefitted from this.
- gain more from agricultural potential of the
Landownership in the Philippines under the
country Americans
Landownership in the Philippines before the ▪ The Americans were aware that the main
Spanish colonization cause of social unrest was landlessness
▪ Filipinos have communal ownership of land ▪ Land policies were passed to increase the
▪ Private ownership was not yet known small landholders and distribute ownership
to a bigger number of Filipino tenants and
▪ Landownership in the Philippines under farmers
Spain
▪ Land policies passed
▪ Filipino communities were dispersed
1. Philippine Bill of 1902
▪ The Spaniards introduced the pueblo
system 2. Philippine Commission enacted the

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Land Registration Act (Act No. 496) which ▪ Early land reform program was
implemented without support mechanism
introduced the Torrens system
▪ The system introduced enabled more lands
3. Public Land Act of 1903 or the Homestead
to be placed under tenancy.
Program
▪ widespread peasant uprising
4. Tenancy Act of 1933 (Act No. 4054 and 4113)
▪ (Colorum & Sakdal Uprising)
Philippine Bill of 1902
Landownership in the Philippines during the
▪ A private individual may own 16 hectares of Commonwealth Period
land
▪ Peasant uprisings increased
▪ Corporate landholders may have 1,024
▪ Landlord-tenant relationship became more
hectares
disparate
Torrens System
▪ Pres. Quezon laid down a social justice
▪ It was named after South Australian Sir program focused on the purchase of
Robert Richard Torrens, who is largely haciendas, which were to be divided and
credited with designing and implementing it. sold to tenantsNARIC (National Rice and
Corn Corporation)
▪ It is a method of recording and registering
land ownership and interests. - public defenders were assigned to assist

Homestead Program peasants in court battles for their right to land

▪ A homestead patent may be issued to a ▪ National Land Settlement Administration

Filipino citizen over 18 years of age or the (NLSA)
head of a family, who:
- it continued the homestead program
(a) does not own more than 24 ha of land in
Post-War Interventions
the Philippines;
toward Agrarian Reform
(b) must have resided continuously in the
municipality where the land is situated for at A. Pres. Manuel Roxas
least one year;
▪ Republic Act No. 34 - Established the 70-30
(c) must have cultivated at least 1/5 of the sharing arrangements and regulating share-
land applied for tenancy contracts
▪ Landownership did not improve during the Attempted to redistribute hacienda landsB. Pres.
American period Elpidio Quirino
Why? ▪ LASEDECO (Land Settlement Development
Corporation)
▪ There was no limit to the size of
landholdings people could possess - established to accelerate and expand the
▪ The accessibility of possession was limited resettlement program for peasants
to those who could afford to buy, register,
C. Pres. Ramon Magsaysay
and acquire fixed property title
▪ National Resettlement and Rehabilitation
▪ Not all friar lands were given to landless
Administration (NARRA)
peasant farmers
- it replaced LASEDECO
▪ Some lands were sold or leased to
American & Filipino business interest - was particularly aimed at rebel (Huks)
returnees

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providing home lots and farmlands in Palawan ▪ He was able to expand his executive power
to start a fundamental “restructuring” of the
and Mindanao.
government.
C. Pres. Ramon Magsaysay
▪ Pres. Decree No. 27 (Code of Agrarian
▪ Republic Act No. 1199 or the Agricultural Reform) became the core of agrarian reform
Tenancy Act
▪ Pres. Decree No. 27 (Code of Agrarian
- governed the relationship between landowners Reform)
and tenant farmers by organizing share-tenancy
- Restricted land reform scope to tenanted
and leasehold system
rice and corn lands and set the retention
- the law provided the security of tenure of
tenants limit at 7 hectares.
- it also created the Court of Agrarian Relations. ▪ “Operation Land Transfer” commenced
C. Pres. Ramon Magsaysay ▪ Masagana 99
▪ Agricultural Tenancy Commission - rice self-sufficiency program
- to administer problems created by tenancy - farmers were able to borrow from banks and
purchase 3-hectare plots of lands and agricultural
▪ Agricultural Credit and Cooperative
inputs
Financing Administration (ACCFA)
▪ landlord class still found ways to
- to provide warehouse facilities and assist
circumvent the law
farmers in marketing their product
Post-1986 Agrarian Reform
▪ Agricultural and Industrial Bank
▪ Pres. Corazon Aquino envisioned agrarian
- provided easier terms in applying homestead reform to be the centerpiece of her
administration
and other farmlands
▪ R.A. Act 6657 or the Comprehensive
C. Pres. Ramon Magsaysay Agrarian Reform Law (CARP)
▪ Agricultural Land Reform Code (R.A. No. - allowed landowners to retain not more than
3844)
five hectares
- a major stride in land reform (one of the most
▪ Under Pres. Ramos CARP implementation
comprehensive) was speeded to meet the 10-yr time frame
- abolished share tenancy despite limitations and constraints

- prescribed a program to convert tenant-farmers ▪ Distributed only 58.25%

to lessees and later on owner-cultivators ▪ R.A. No. 8532 was signed to amend CARL
& extended the program to another ten
- aimed to free tenants from tenancy years
- but there was no bill to fund its implementation ▪ Pres. Arroyo signed R.A. No. 9700 or the
Comprehensive Agrarian Reform Program
Agrarian Reform Efforts under Marcos
Extension with Reforms (CARPER)
▪ Martial Law enabled Marcos to wipe out the
▪ DAR & DENR- agencies mandated to fulfill
landlord-dominated Congress
CARP & CARPER
▪ Problems caused by:

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- powerful landed elite ▪ Situado real – subsidy from Spain through

the Mexican treasury
- ineffectual bureaucracy of the government
▪ Subsidy stopped when Mexico became
independent in 1820
Evolution of Philippine Taxation
▪ Payment of tribute was replaced by a poll
Taxation in Spanish Philippines tax through a certificate of identification
(cedula personal)
▪ Despite the abundance of resources, our
ancestors were mainly involved in a ▪ Required from every citizen
subsistence economy
▪ Payment of cedula is progressive and
▪ Payment of tribute (buhis/buwis/handug) according to income categories

▪ Obligation to provide labor services to the ▪ Progressive tax

datus
– a tax whose rate increases as the payer's
▪ The arrival of the Spaniards altered the income increases.
subsistence system
▪ Regressive tax
▪ They imposed the payment of tribute
- one whose rate increases as the payer's
▪ Pueblo system income decreases

▪ Encomienda ▪ Direct taxes

▪ Exempted from payment of tributes: – taxes that are directly paid to the
principales, alcaldes, gobernadores, government by the taxpayers.
cabezas de barangay, soldiers, civil guards,
Ex. Income tax, corporation tax, wealth tax
government officials, vagrants
▪ Indirect taxes
▪ The Filipinos had to increase production to
meet the demands of the payment - applied on the manufacture or sale of goods
and services
▪ A more intensive agricultural system had to
be introduced - These are initially paid to the government by
an intermediary, who then adds the amount of
Galleon Trade
the tax paid to the value of the goods / services
▪ Manila-Acapulco trade and passes on the total amount to the end user

▪ Established the first world trade relationship Ex. Sales tax, service tax, excise tax

▪ A way to make sure the European presence * VAT is a form of sales tax
would be sustained
▪ The system was easy for the wealthy but
▪ Improved the economy and reinforced the burdensome for the peasants
control of the Spaniards over the Philippines
▪ Revenue collection increased
▪ Manila galleons (1565 to 1815) were large
▪ Chinese were made to pay discriminatory
Spanish ships that sailed across the Pacific
cedula which was bigger
between New Spain (Mexico) and the
PhilippinesMost Manila galleons were built ▪ Two direct taxes
in the Philippines and manned by Filipino
- Urbana – tax on the annual rental value
crews
of an urban real estate
▪ Tax collection was still poor
- industria – tax on salaries, dividends,

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& profits the illegal nonpayment or

underpayment of tax
▪ These taxes were universal
▪ Internal Revenue Law of 1904
▪ Agriculture was exempted to encourage
growth - Sources of revenue:
▪ Source of income for the Spanish govt: 1. license taxes on firms dealing in
- monopolies (sale of stamped paper, alcoholic beverages and tobacco
manufacture & sale of liquor, cockpits, opium
2. excise taxes on alcoholic beverages
▪ Tobacco monopoly
and tobacco products
- biggest
3. taxes on banks and bankers
▪ The monopoly made it possible for the colony
4. document stamp taxes
to create a surplus of income
5. cedula
▪ Forced Labor (polo)
6. taxes on insurance and insurance
- useful in defending the territory
companies
- augmented labor required by
7. taxes on forest products
woodcutting and shipbuilding
8. mining concessions
- falla – payment made to be exempted
9. taxes on business and manufacturing
from polo
10. occupational licenses
▪ Taxation in the Philippines during the
Spanish colonial period was characterized ▪ Underwood-Simmons Tariff Act
by the heavy burden on the Filipinos, and
the corruption of the principales. - taxes on sugar, tobacco, hemp, and

▪ The disparity between the less taxed copra were lifted

principales and the heavily taxed peasants - tax receipts were increased to make up
made the rich richer and the poor poorer.
for the loss
Taxation under the Americans
▪ Changes were made on the Internal
▪ The Americans made the Philippine Revenue Act – imposition of taxes on mines,
economy self-sufficient by running the govt. petroleum products, dealers of petroleum
with the smallest possible revenue and products and tobacco
create surplus in the budget.
▪ Internal Revenue Law of 1904
▪ At first they followed the Spanish system of
taxation with some modifications. - cedula went through changes as the

▪ The military govt. suspended the contracts rate was fixed per adult male – led to
for the sale of opium, lottery, and mint
decline in revenue
charges for coinage money.
▪ 1914 – income tax was introduced
▪ The urbana was replaced by the land tax.
▪ 1919 – inheritance tax was created
▪ Land tax was very disorderly because of the
influence of political and familial factors. ▪ 1932 – national lottery was established
▪ Tax evasion was prevalent.

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Taxation during the Commonwealth ▪ Manuel Roxas declined US suggestion to

adopt direct taxation.
▪ New measures were introduced to make
taxation more equitable ▪ New tax measures were passed during
Quirino’s administration.
▪ Income tax rates were increased
▪ Post-war fiscal policy remained regressive.
▪ Income tax rates of corporations were
increased ▪ There was also a rise in corruption.
▪ Cedula tax was abolished ▪ Tax system during Marcos regime remained
regressive.
▪ Residence tax was imposed on every citizen
aged 18 yrs. old & on every corporation ▪ Pres. Cory Aquino introduce the value-added
tax (VAT)
▪ New measures were introduced to make
taxation more equitable ▪ Fidel Ramos introduced the Comprehensive
Tax Reform Program.
▪ Income tax rates were increased
▪ VAT base was broadened during Ramos’
▪ Income tax rates of corporations were
term:
increased
- the inclusion of “simple processes” including
▪ Cedula tax was abolished
broiling & roasting narrowed the tax
▪ Residence tax was imposed on every citizen
- importation of meat & educational
aged 18 yrs. old & on every corporation
services rendered by private educational
▪ The new tax structure introduced was an institutions were exempted from VAT
improvement of the system introduced by the
▪ Government budget surpluses came from
Americans, but still remained inequitable.
massive sale of government assets
▪ The lower class still felt the tax burden.
▪ Estrada’s term was too short to introduce
▪ The agricultural sector was taxed low to change in the tax system
encourage growth.
▪ Pres. Gloria Arroyo signed the Expanded
▪ There was no incentive for industrial Value-Added Tax (E-VAT)
investment.
- energy products like coal & petroleum were
▪ WW II halted economic activities. subjected to VAT

▪ The Japanese administration continued the ▪ Pres. Benigno Aquino III introduced the Sin
system of tax collection during the Tax Reform
Commonwealth period.
▪ Sin Tax Reform led to the increase of the
▪ Tax collection was difficult. budget for DOH and the free health
insurance premiums for the poor enrolled in
▪ Additional income of the government came PhilHealth
from collection of National Sweepstakes and
sale of government bonds. ▪ Pres. Duterte vowed to lower income tax
rates shouldered by working Filipinos
▪ The present income tax scheme is the
Fiscal Policy from 1946 to Present second highest in Southeast Asia.
▪ After the war, the rehabilitation funds from
US made the Philippines become dependent
on the Americans.
▪ There was severe lack of funds.

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